Corporate and Commercial Disputes Corporate and Commercial Disputes

Ninety-nine problems (continued): Supreme Court of Canada denies leave to appeal Ontario Court of Appeal’s decision in Midwest Properties Ltd. v. Thordarson

On May 26, 2016, the Supreme Court of Canada denied leave to appeal the decision of the Ontario Court of Appeal in Midwest Properties Ltd. v....

British Columbia (Police Complaint Commissioner) v The Abbotsford Police Department: Determining Whether an Appeal is Civil or Criminal in Nature

The British Columbia Court of Appeal in British Columbia (Police Complaint Commissioner) v The Abbotsford Police Department, quashed an appeal of an...

Mardonet v. BDO Canada LLP: Orders Quashing Summons to Parties are Interlocutory and not Final

The Ontario Court of Appeal in Mardonet v. BPO Canada LLP determined that a motions judge’s order quashing a summons to a party is interlocutory,...

Alberta Court of Queen’s Bench confirms the Regulatory Regime is a complete code that applies to all oil and gas resources on offshore and frontier lands

The Alberta Court of Queen’s Bench released Geophysical Service Incorporated v Encana Corporation on April 20, following a common issues trial...

Ontario Securities Commission narrows private party standing for public interest applications in contested transactions: The Corus Entertainment decision

In the Matter of the Catalyst Capital Group Inc. and In the Matter of Corus Entertainment Inc., the OSC determined not to grant standing to The...

AE Hospitality Ltd v George: Requirements of Test for Leave to Appeal Under Rule 62.02(4)

AE Hospitality Ltd v George, 2015 ONSC 7370 dealt with the test for granting leave to appeal under Rule 62.02(4) of the Ontario Rules of Civil...

Walchuk Estate v. Houghton: Final v. Interlocutory … Again

In Walchuk Estate v. Houghton, the Ontario Court of Appeal dismissed a motion to quash an appeal on the basis that the lower court’s adjournment of...

Revised Intellectual Property Enforcement Guidelines clarify the Competition Bureau’s approach in IP matters

Last week, the Competition Bureau released revised Intellectual Property Enforcement Guidelines after engaging in a lengthy consultation period based...

R. v. Araya: Court of Appeal Decides “Rather Unusual Sentence Appeal”

In R. v. Araya, the Ontario Court of Appeal completed its review of a sentence for manslaughter nearly four years to the day from when the sentence...

Graham v 10 Tecumseh: Whether Appeal Should be Dismissed for Delay Decided by Test for Extension of Time to File or Perfect an Appeal

In the Ontario Divisional Court case of Graham v 10 Tecumseh, the applicant failed to perfect his appeal in accordance with the time period required...