Disputes Disputes

Del Giudice dismissed: Court of Appeal shows how the certification ‘cause of action’ component can be used to end meritless claims

In a recent decision, the Court of Appeal for Ontario reaffirmed that the cause of action component of the certification test is intended to be a...

OSC settles allegations relating to cryptocurrency tokens

In a first, Ontario’s Capital Markets Tribunal has approved a settlement agreement related to the promotion and sale of cryptocurrency tokens....

‘Phoenix’ litigation: can a class action dismissed for delay be resurrected?

A growing number of proposed class actions have been dismissed for delay since a new provision of the Ontario Class Proceedings Act was introduced in...

Duty of procedural fairness that would be owed to witnesses in issuing summonses under the Securities Act is minimal

A recent British Columbia Court of Appeal decision confirmed that, amongst the very limited avenues that witnesses have to challenge a regulatory...

Law 25: a new enforcement scheme for protection of personal information in the private sector in Québec

On September 22, 2023, the majority of the amendments to the Québec privacy legislation introduced in the Act to modernize legislative...

ESG and shareholder activism: key tips for issuers

Shareholder activism is on the rise in Canada. Investors are closely monitoring environmental, social and governance (ESG) related disclosure,...

Section 192 CBCA plans of arrangement – latest insights on virtual securityholder meetings and the solvency requirement

Plans of arrangement are an important, flexible tool for businesses to undertake various corporate transactions. We examine recent developments...

Law 25: a new enforcement scheme for protection of personal information in the private sector in Québec

Last fall, several significant amendments to Québec’s privacy legislation, Law 25, came into force. What do organizations need to consider when...

Court of Appeal addresses class action pleading standard for a breach of fiduciary duty claim

A recent Court of Appeal for Ontario finding demonstrates why the pleadings requirement of a class certification test can be a difficult standard to...

No do-over for NAFTA arbitration: Ontario court refuses to set aside award for procedural unfairness or bias

A recent Ontario Superior Court decision affirms that the burden on a party asserting procedural unfairness is high.