Andraws v. Anslow: Reasons for Judgment Must be Adequate to Facilitate Proper Appellate Review

The British Columbia Court of Appeal in Andraws v. Anslow found that a trial judge’s reasons for judgment were inadequate, as they did not allow...

No More Kicks at the Discovery Can: Motion to Examine CEO Second Witnesses Denied

On July 5, 2016, Justice Perell of the Ontario Superior Court released a decision in Fischer v IG Investment Management Ltd., which (among other...

Legal and industry opposition to U.S. Fiduciary Rule may be a harbinger of developments in Canada with proposed introduction of best interest standard

On June 1, 2016, the U.S. Chamber of Commerce, the Securities Industry and Financial Markets Association (SIFMA) and six other industry and trade...

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...