Until recently, Ontario courts had not considered on the merits a class action under the secondary market misrepresentation provisions of the Ontario …
“Minimal role” for appellate courts reviewing case management orders
As the Court of Appeal for Ontario recently confirmed in Louis v. Poitras, 2021 ONCA 49, discretionary case management orders attract deferen…
Ontario Capital Markets Modernization Taskforce Final Report: A set of thoughtful ideas or a blueprint for change?
The Ontario Capital Markets Modernization Taskforce (the “Taskforce”) published its final report on January 22, 2021 (the “Fina…
Québec – New regulations to amend the Construction Code, Chapter I – Building and the Safety Code – Chapter VIII – Buildings
On December 16, 2020, the Québec government proposed new regulations under the Building Act; namely draft regulation to amend Chapter I, Buil…
Mandatory vaccinations for employees: What are the issues?
While Canada is still in the early stages of its COVID-19 vaccine rollout, given the limited availability and potential interruptions in vaccine suppl…
Ontario Court orders class action trial to proceed by virtual means
In Flying E. Ranche Ltd. v. Attorney General of Canada 2020 ONSC 8072, Justice Schabas recently rejected an adjournment sought due to p…
Regulators forced to respond to GameStop Corp.’s historic yo-yo
Wall Street has been in a state of disorder in recent weeks as the share price of brick and mortar retailer GameStop Corp. (“GameStop”) co…
Ontario Construction Act a “Comprehensive Scheme” – Claims for statutory breach of trust and unjust enrichment between subcontractor and owner dismissed
The Ontario Divisional Court recently confirmed that the Ontario Construction Lien Act (now the Construction Act) (the “Act&rd…
Arbitration clauses and class actions: the cross-border dialogue continues in light of recent SCC and SCOTUS jurisprudence
The policy rationales that underpin enforcing arbitration agreements may potentially be at odds with those underpinning the class actions regime. Thes…
New Rules of the Supreme Court of Canada for 2021
Effective January 27, 2021, amendments to the Rules of the Supreme Court of Canada (Rules) and the Guidelines for Preparing Documents to be …