The decision handed down by trial judge Daniel H. Tingley in a case pitting 21 former "Dunkin' Donut" franchisees against their franchisor, Dunkin' Brand Canada Ltd. ("Dunkin' Brands"), was appealed by Dunkin' Brands on July 23, 2012.
Those who have been following the progress of the securities class action saga of Silver v. IMAX will be interested to note that another decision in the long-running case has been released.
The Quebec Superior Court has recently rendered a unique decision limiting class actions in an important way.
A discussion on whether a defendant can be liable for failing to warn about a risk which does not materialize, where this leads the plaintiff to be injured by a second undisclosed risk that, unlike the first, would not have influenced the plaintiff if disclosed.
Angelo Caradonna and Alessio Vella entered into a business venture and together opened a joint bank account taking possession of shares of three properties.
State Representative Jeff Leach of Texas recently proposed a bill that has generated significant discussion about the utility of social media in litigation proceedings.
The Ontario Court of Appeal, in reversing a controversial decision that re-opened the opt-out period in a certified class action, has confirmed that class members have "an unassailable right to speak out in opposition to the class proceeding in an attempt to convince other class members to opt out" of the class action, as long as the individual decisions to opt out are not coerced and remain voluntary and informed.
A discussion on a recent case, where the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective wind turbine project, granting the defendants’ motions for summary judgment.
A discussion on a recent case where the Supreme Court of Canada granted a leave application in the following case of interest to Canadian businesses and professions.
Judge Weisman of the Ontario Court of Justice revisited the question of whether a criminal complainant, known only as N.S., would be allowed to wear a niqab while giving testimony during a preliminary inquiry.
The Supreme Court of Canada has recently considered when a civil court should bar claims on the basis that the issues in dispute were finally disposed of in a prior administrative proceeding.
Many Canadian limitations statutes explicitly state that "no limitation period" is applicable to a proceeding in which the relief sought is a declaratory judgment.
A discussion on the Ontario Court of Appeal's decision in R. v. Nedelcu (2011).
A discussion on whether the Crown is immune from paying tariffs under the Copyright Act.
Amato v. Welsh, 2013 ONCA 258 marks an interesting development in the law – it suggests the previously inviolable doctrine of absolute privilege which protects lawyers from suit may admit an exception.
Spring has sprung and with the appearance of good weather comes an increase in foot and bicycle traffic along roadways.
Every common law province except Ontario has passed legislation implementing the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Ontario instead adopted the United Nations’ Model Law on International Commercial Arbitration.
The Supreme Court of Canada heard arguments in one case of interest to Canadian businesses.
In the latest instalment of Canada’s first global securities class action, Justice van Rensburg ordered that the class definition be amended to exclude all of those individuals who did not opt out of a settlement agreement in parallel US proceedings.
Class actions, by their very nature, mandate the extra procedural step of a certification motion. As a result, a class proceeding is generally longer than a standard civil proceeding and can be significantly more complex.