The Supreme Court of Canada heard arguments in one case of
interest to Canadian businesses. In Vivendi Canada Inc. c.
Michel Dell'Aniello, the Supreme Court of Canada is
revisiting the issue of what constitutes a "common issue"
in the context of a class proceeding.
In Italo Tony Montaldi v. Enbridge Gas Distribution
Inc., the Court refused leave to appeal a decision of the
Ontario Court of Appeal involving the nature of the knowledge
necessary to establish a cause of action for knowing assistance of
a breach of a fiduciary duty. In a related proceeding, the Court
declined leave to appeal to address the appropriate test for
determining whether employees are a fiduciary of their employer: Angelo Piro v. Enbridge Gas Distribution
In Morguard Corporation v. Her Majesty the Queen, the
Court declined leave in an interesting
tax caseconcerning the proper characterization of a "break
fee" received by the applicant in relation to its unsuccessful
takeover bid of a public company.
In Agence du Revenu du Québec c. Jacques Pellan,
the Court denied leave to hear an appeal from the
Quebec Court of Appeal addressing whether a class action
contesting the validity of income taxes was improperly commenced,
as the taxes should have been challenged via the notice of
objection procedure set out in the Taxation Act.
In Georges Marciano et al. v. Joseph Fahs et al., the
Court denied leave to appeal a decision of the
Quebec Court of Appeal enforcing a foreign bankruptcy judgment.
The applicants asserted that the public policy exception to
enforcement was engaged and that the decision was not a final
In Sahara Spa Inc. et al. v. C & S Construction Co.
Ltd., the Court declined to hear an appeal from the
Saskatchewan Court of Appeal involving the application of an
exception to the doctrine of contractual privity.
In Nouredine Philip Fakhri c. Seaport Group LLC, the
Court refused leave from a
decision of the Quebec Court of Appeal declining to assume
jurisdiction in a dispute involving the sale of land and shares
which contained an express choice of forum clause in favour of
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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