Parties should take care in choosing a legal regime to govern arbitration in their agreements.
Arbitrator’s objective duty to disclose under UNCITRAL Model Law does not require consideration of parties’ subjective expectations
No set aside for constructive fraud under Ontario’s Arbitration Act
“Fraud” in the Arbitration Act is limited to the common law definition and does not include the broader concept of constructive fraud.
Warkentin: Ontario decision clarifies distinction between a corporation’s employee and controlling mind
It is important for companies to obtain signed releases from workers in the context of company sale purchases.
Crypto, competence-competence, and the courts: analyzing the Ontario Court of Appeal’s decision in Lochan v. Binance
Ontario Court of Appeal provides guidance on competence-competence principle and enforceability of arbitration clauses in standard-form contracts.
Federal government plans mandatory climate disclosures for large private CBCA companies and voluntary sustainable investment guidelines
The federal government has announced complementary plans to enhance corporate sustainability and transparency.
Lack of commonality defeats investor class action alleging breach of fiduciary duty
An Ontario decision highlights the individual inquiries that often exist in proposed class actions involving investors and investment decisions.
Bertsch: Ontario decision provides guidance on termination provisions in employment agreements
Ontario case law on termination provisions in employment agreements has typically been employee-friendly. A recent case illustrates how they can still…
The evolving workplace: four years after COVID-19
The workplace is continuing to evolve in a post-pandemic era of hybrid work.
Changes of enforcement leadership raise questions about new priorities
Amid recent departures from top enforcement jobs, personalities and personal agendas can affect regulators’ strategies and enforcement priorities.
Canadian Securities Administrators’ 2023–2024 annual Year in Review
The annual report highlights efforts undertaken in response to emerging issues and changing conditions in the country’s capital markets.
