A Commentary on Recent Legal Developments by the Opinions Group
of McCarthy Tétrault LLP
The Supreme Court of Canada released reasons for judgment in one
case and denied leave to appeal in two cases of interest to
Canadian business and professions.
In Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39, the Supreme Court of Canada ruled
that a law firm breached its duty to avoid conflicting interests,
its duty of commitment to its client's cause, and its duty of
candour to its client when it, without its client's consent or
knowledge, accepted a significant retainer against its client and
terminated various retainers with its client in the process.
However, the Supreme Court of Canada sent the matter back to the
court of first instance to determine whether these breaches of the
duty of loyalty warranted disqualifying the firm from acting
against its former client, given that the firm did not possess
relevant confidential information that could be used against its
In Hogarth et al v. Simonson, the
Supreme Court of Canada declined leave to hear an appeal of a
decision of the Alberta Court of Court which grappled with the
issue of whether a corporate officer who commits the tort of
negligent misrepresentation while acting in course of his duties
has immunity from personal liability.
In Richards v. Media Experts M.H.S. Inc et
al, the Supreme Court of Canada refused leave to appeal a
decision of the Ontario Court of Appeal which extended the
protection of a limitation of liability clause to an executive
chairman of a corporate employer who was alleged to have committed
a tort in the course of terminating the appellant.
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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