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…
SEC enhances its whistleblower program to further incentivize tips
In what is described as an attempt to provide more clarity to whistleblowers and increase efficiency and transparency, on September 23, 2020, the Secu…
Pension “buy-back restriction” for part-time employees violates Charter
On October 16, 2020, the Supreme Court of Canada (the “SCC”) released its decision in Fraser v. Canada (Attorney Gen…
Appellate judge addresses “political or ideological” intervention motions (and other judges)
The Federal Court of Appeal recently addressed the role of interveners and, in doing so, the proper role of the courts. In Canada (Attorney Genera…
No compensable loss, no class action: repair program defeats certification motion
Evidence of compensable loss is a fundamental prerequisite for a class action. An Ontario court recently applied that principle to deny certification …
Adjudication: ODACC releases first annual report
On October 1, 2020, Ontario Dispute Adjudication for Construction Contracts (“ODACC”) issued its much anticipated 1st Annual Re…
Court of Appeal finds limitation periods suspended indefinitely following a denial of certification
In R.G. v. The Hospital for Sick Children, the Court of Appeal for Ontario found that limitation periods remain suspended for all individual …
Québec Court of Appeal comments on eligibility requirements for general contractors in a public call for tenders
On September 8, 2020, the Québec Court of Appeal released its decision in Société québécoise des infrastructures v. Agences Robert Janvier ltée
U.S.-Canada aluminum trade war: How it could affect the Canadian construction industry
We've discussed the countermeasures proposed by the Canadian government in response to the U.S. government’s 10% tariff on raw aluminum pro…
