In re Bofl Holding, Inc. Securities Litigation, a decision released on October 8, 2020, the U.S. Court of Appeals for the Ninth Circuit (the …
Part 2 of 2: Less than 2 months for employers to prepare for the new Federal Regulations on Workplace Harassment and Violence – Changes effective January 1, 2021
As explained in Part 1 of this series, the federal government’s new Workplace Harassment and Violence Prevention Regulations (the Regul…
Amending Bill 37: Alberta’s prompt payment regime
On October 21, 2020, the Government of Alberta introduced Bill 37 titled the Builders’ Lien (Prompt Payment) Amendment Act, 2020&n…
IIROC Rules: Respondent use of complainant interview in related proceeding is in the public interest
In Re Malic, 2020 IIROC 37, a decision released on October 6, 2020, the IIROC Hearing Panel (Alberta District) (the “Hearing Panel”…
Anti-deprivation rule applies to construction contracts
In Chandos Construction Ltd. v. Deloitte Restructuring Inc., the Supreme Court of Canada confirmed the application of the common law anti-deprivation …
Prompt payment and adjudication come to Alberta
On October 21, 2020, the Government of Alberta tabled Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020 (Bill 37), which seeks to mod…
New dimensions of preferable procedure: “jurisdictional preferability” and multijurisdictional class proceedings
In order to be certified, a proposed class proceeding must be deemed the “preferable procedure” for resolving the plaintiff’s claims…
U.S. regulators assert broad jurisdiction over offshore cryptocurrency trading platforms
Recent actions filed in early October 2020 by the U.S. Department of Justice (the “DOJ”) and the Commodity Futures Trading Commission (the…
Plaintiffs’ offers to settle certification motions in the Ontario Superior Court: Rule 49 is an “Ill Fit”
After a contested certification motion in the Ontario Superior Court of Justice, the losing party is typically required to pay the successful party&rs…
A new approach to deference? Quadrexx and appeals from the Ontario Securities Commission
In a recent decision, Quadrexx Hedge Capital Management Ltd v Ontario Securities Commission (the “Quadrexx Appeal”), the Ont…