Documents produced under compulsion to staff of the Ontario Securities Commission may be disclosed to the respondent to a proceeding commenced under the Ontario Securities Act where the documents have a reasonable possibility of being relevant to the respondent’s ability to make full answer and defence. Deloitte & Touche LLP v. Ontario Securities Commission,  S.C.J. No. 62 (S.C.C.).
Leave to amend a statement of claim will not be granted where the proposed amendment discloses no reasonable or tenable cause of action. Chambers v. HSBC Securities (Canada) Inc.,  O.J. No. 3470 (S.C.J.).
To further the purpose of increasing efficiency and reducing costs, summary trial proceedings under Rule 18A of the British Columbia Supreme Court Civil Rules should only be used where all of the issues in the litigation can be resolved without a trial. B.M.P. Global Distribution Inc. v. Bank of Nova Scotia (c.o.b. Scotiabank),  B.C.J. No. 2383 (S.C.).
The proper law of a guarantee will be that of British Columbia where the transactions underlying it took place in British Columbia and were subject to British Columbia law and the guarantee was drafted in British Columbia. Canaccord Capital Corp. v. 884003 Alberta Inc.,  B.C.J. No. 2322 (S.C.).
Where a party to a settlement agreement alleges the agreement has been repudiated by the other party, the innocent party must act promptly to either enforce the contract or sue for damages. Williams v. Good Call Productions Ltd.,  O.J. No. 4126 (C.A.).
In calculating the "loss avoided" by insider trading of securities with knowledge of now disclosed material facts for the purpose of setting a fine under the Ontario Securities Act, it is unnecessary to have evidence of the effect of the suppression of the material information upon the market price of the securities. R. v. Harper,  O.J. No. 4196 (C.A.).
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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