What happens when an appellate court releases reasons in error

We deal extensively with appellate practice and procedure in Sopinka and Gelowitz on the Conduct of an Appeal, 4th Edition, but occasionally novel...

Saskatchewan Court of Appeal confirms that “General Causation” need not be certified as a common issue in failure to warn class actions

In Bayer Inc v Tluchak Estate, the Saskatchewan Court of Queen’s Bench certified a class action involving the prescription anticoagulant...

Five legal trends driving FinTech success

FinTechs require a sophisticated and thorough approach to the unique legal issues that are inherent when carrying out business in the financial...

Listing in the REIN: Cruel and unusual punishment under the Charter?

Does the automatic listing in the Register of enterprises ineligible for public contracts constitute cruel and unusual punishment within the meaning...

Court highlights value of first-settling defendant co-operation in “ice breaker” settlements

In a recent decision from the Ontario Superior Court of Justice, Di Filippo and Caron v. Bank of Nova Scotia et al, 2019 ONSC 3282 (Di Filippo),...

Dry eye patent held invalid when viewed through proper lens

The claims of a Canadian patent are the numbered paragraphs at the end that define the scope of the legal exclusivity conferred by the patent. When...

When does “good faith” limit a company’s choices?

In 2014, the Supreme Court released its ground-breaking decision to recognize a common law duty of good faith in the performance of contracts in...

National Energy Board refuses to assert jurisdiction over the Coastal GasLink Pipeline Project

The National Energy Board has refused to assert jurisdiction over the Coastal GasLink Pipeline Project, providing important clarity for the largest...

Adjudication Authority selected

On October 1, 2019, adjudication will come into force in Ontario. Under the Construction Act, a single Authorized Nominating Authority was envisaged...

Canada is first jurisdiction worldwide to require diversity disclosure beyond gender; Diversity disclosure rules will apply to federally incorporated public companies effective Jan. 1, 2020

Effective Jan. 1, 2020, corporations governed by the CBCA with publicly traded securities will be required to provide shareholders with information...