Bio-Jolicoeur_Francois Bio-Jolicoeur_Francois

Stuart Budd & Sons Limited v. IFS Vehicle Distributors ULC: Supplemental Reasons Pending Appeal Lead to Reasonable Apprehension of Bias

Although it is trite to say that an appeal is from the order not the reasons, it is nevertheless equally trite that the reasons often provide the...

Expert panel proposes “radical change” after mandate reviews of Ontario financial regulators

Ontario’s Minister of Finance has released the Final Report regarding the mandate reviews of the Financial Services Commission of Ontario (FSCO),...

White paper: Hacking Big Law – Putting a legal hackathon to the test

Big Law is facing big changes. Just as with other professional services businesses, the connection between those who provide a service and those who...

Reversal of $200-million drug patent verdict offers hard lessons for technology collaborators

On June 6, 2016, a U.S. District Court judge overturned the damages verdict in Gilead Sciences Inc. v. Merck & Co, holding that Merck’s patents...

Questions Raised Over the Constitutionality of SEC Administrative Proceedings

As noted in previous articles, Canada and the US have different approaches to regulatory enforcement. Canadian securities regulators overwhelmingly...

R. v. Boutilier: Crown’s Right to Appeal the Constitutional Invalidity of Dangerous Offender Provisions of the Criminal Code

In R v. Boutilier, the British Columbia Court of Appeal concluded that the Crown has a right, under s. 759(2) of the Criminal Code, to appeal final...

Whoa…Not so Fast…Emerging Limits on the Certification of Privacy Class Actions

Canadian courts have generally adopted a liberal and purposive approach to class action certification, and this approach has applied equally to the...

Will A Big Cost Award in a Securities Class Action Change Reasonable Expectations for All?

Justice Strathy, now the Chief Justice of Ontario, recently awarded plaintiffs more than $2.679 million in costs for their motion for certification...

U.S. Court Upholds Five-Year Limitation Period for SEC Disgorgement Remedies

The United States Court of Appeals for the Eleventh Circuit held in its late May judgment in SEC v. Graham that the five-year limitation period set...

Cost of compliance increases in Alberta

The Alberta Securities Commission is adopting a new rule regarding fees, ASC Rule 13-501 Fees. The New Rule, which becomes effective on December 1,...