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Osler Update September 12, 2022

You (may not) get what you bargained for: a receivership order displaces an arbitration clause in Mundo Media

The worlds of insolvency and arbitration collided in a recent Ontario Court of Appeal decision. Osler’s Mary Paterson, Mary Angela Rowe and Sarah...

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You (may not) get what you bargained for: a receivership order displaces an arbitration clause in Mundo Media
Osler Update February 12, 2021

Wastech and discretion: The Supreme Court of Canada on the duty to exercise contractual discretion in good faith

In Wastech, the SCC sought to clarify the scope of the duty to exercise contractual discretionary powers in good faith previously recognized in...

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Osler Update December 23, 2020

Honesty is the best policy: The Supreme Court of Canada seeks to clarify the duty of honest contractual performance

Don’t mislead your contracting counterparties about matters linked to the performance of a contract. That is the apparently simple message from the...

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Osler Update July 28, 2020

The Long Waive Goodbye: SCC rejects waiver of tort, expands motion to strike

In Atlantic Lottery Corp. Inc v Babstock (2020 SCC 19) the Supreme Court struck all claims underlying a proposed class action about fraud and...

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The Long Waive Goodbye: SCC rejects waiver of tort, expands motion to strike
Osler Update May 12, 2020

Supreme Court of Canada releases reasons for its decision in Bluberi: Improper purpose and litigation funding in CCAA proceedings

On May 8, 2020, the Supreme Court of Canada released its written reasons in 9354-9186 Québec Inc. v. Callidus Capital Corp.

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Osler Update March 4, 2020

Supreme Court of Canada opens door to liability for alleged human rights abuses abroad

On February 28, 2020, a five-justice majority of the Supreme Court of Canada ruled that Canadian corporations can be sued in Canada for breaches of...

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Osler Update December 13, 2019

What businesses should watch for from the SCC in 2020

In 2019, the Supreme Court of Canada (SCC) heard and/or granted leave to appeal in a number of cases that could have a significant impact on Canadian...

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