Corporate and Commercial Disputes Corporate and Commercial Disputes

Materiality in insider trading: recent insights from the Québec Financial Markets Administrative Tribunal

What threshold must a proposed transaction meet to be classified as material non-public information? Pursuant to Québec’s Securities Act,...

Refund programs as a defence against class action authorizations: an update by the Québec Court of Appeal

Recent years have seen a rise in refund programs in Québec, which are sometimes used as a proactive, strategic defence against class actions.

Québec Court of Appeal underscores the evolving nature of environmental standards in transactions

In a recent decision dealing with groundwater contamination at a shopping centre, the Québec Court of Appeal highlighted the importance of...

The OSC’s new proposal to distribute funds from disgorgement orders to harmed investors

The Ontario Securities Commission (OSC) has published proposed rules that outline the procedure the OSC and harmed investors must follow for the...

Ontario Court of Appeal confirms duty to provide honest reasons for termination

A recent Ontario Court of Appeal decision elaborated on the longstanding theory that employers owe a duty of honest performance upon termination....

SCC affirms limited government immunity for enacting Charter-violating legislation

Governments may be liable for damages where legislation was clearly unconstitutional when enacted or enacted in bad faith or as an abuse of power.

U.K. appellate court rules artificial neural network application is not patent-eligible subject matter

Although artificial neural networks (ANNs) have evolved to increasingly form the backbone of modern commerce, their patentability remained...

Blueberry River First Nations files claim against B.C. for the Gundy Plan

On July 8, 2024, Blueberry River First Nations (BRFN) filed a Notice of Civil Claim^[1] (the Claim) against the province of British...

Long-awaited U.S. Supreme Court ruling curtails SEC’s use of administrative courts

The U.S. States Supreme Court ruled on a decade-long dispute between the SEC and a hedge fund manager.

Beware the contractual limitation period

A recent Ontario court decision addressed the issue of a contractual limitation period. The decision is a reminder to parties to be mindful of their...