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1
Out Of Control: Yukon Court Lifts Stay In BC Proposal Proceedings Of Mining Company
In Yukon (Government of) v. Yukon Zinc Corporation, 2019 YKSC 39 ("Yukon Zinc"), the Yukon Supreme Court recently lifted a stay of proceedings.
Canada
29 Aug 2019
2
(Not) So Long, Astoria: Only 10 Days To Appeal Orders In Receivership Proceedings
In Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2019 ONCA 269, ("Astoria") the Ontario Court of Appeal recently held that appeals of decisions rendered pursuant
Canada
1 May 2019
3
Potential Reprisal Complaint On The Horizon? Act Fast!
When an employee is terminated in acrimonious circumstances, employers may get the sense that litigation is on the horizon (especially where the employee declares as much on their way out the door!).
Canada
23 Nov 2018
4
Catch Me If You Can: The Court's Jurisdiction To Annul Bankruptcies Commenced In Other Provinces
In Arrangement relatif ŕ Ferreira, 2018 QCCS 3891 ("Ferreira"), the Quebec Superior Court recently annulled an assignment in bankruptcy that had been filed in Ontario
Canada
20 Sep 2018
5
Full Speed Ahead: Ontario Court Of Appeal's Comments On The Application Of Jordan To Re-Trials May Have Broad Impacts
In R. v. MacIsaac, the Ontario Court of Appeal recently made some important comments on the Jordan framework for unreasonable delay in criminal proceedings in the context of re-trials...
Canada
11 Sep 2018
6
Robust Information About Purchasers/Assignees May Be Required Before Contracts Will Be Assigned Under The CCAA
In Dundee Oil and Gas Limited (Re), 2018 ONSC 3678, Justice Dunphy provided some important guidance on information that should be provided to the court in support of a motion...
Canada
6 Aug 2018
7
Uncertain Ground: Owners May Be Liable For Unforeseeable Environmental Effects
In Huang v. Fraser Hillary's Limited, 2018 ONCA 527, the Ontario Court of Appeal recently ruled that foreseeability of harm is not an element of the tort of nuisance in the context...
Canada
6 Aug 2018
8
New Mandatory Upgrade Training For Liquid Fuels Certificate Holders Coming Into Effect Soon
After April 1, 2018, petroleum mechanics and site operators applying to renew their certification under the Certification of Petroleum Mechanics Regulation ...
Canada
6 Feb 2018
9
Short-Circuited Shortcut: The Ontario Court Of Appeal Removes Alternative Method For Determining Jurisdiction Over Appeals
For a party wishing to appeal the decision of an Ontario judge or master, determining the appropriate Court to appeal to is occasionally not a straightforward matter.
Canada
21 Dec 2017
10
The Supreme Court Of Canada Clarifies The Test And Procedure For Joint Submissions On Sentencing
In R. v. Anthony‑Cook, 2016 SCC 43, the Supreme Court of Canada recently confirmed that trial judges should only depart from a joint submission in very limited circumstances.
Canada
14 Nov 2016
11
The Ontario Court Of Appeal Weighs In On The Jordan Framework For Trial Within A Reasonable Time
The Supreme Court of Canada recently dramatically altered the framework applicable to the right to a criminal trial within a reasonable time in R. v. Jordan, 2016 SCC 27.
Canada
17 Oct 2016
12
Ontario Court Of Appeal Implies New Prohibition Into Rules Of Civil Procedure: Pre-Trial Conference Judges Cannot Decide Summary Judgment Motions In The Same Action
The purpose of a pre-trial conference is to provide parties with a forum to obtain an appraisal from a judge of their respective positions on the outstanding issues between them...
Canada
13 Sep 2016
13
R. v. Jordan – The Supreme Court Of Canada Dramatically Alters The Framework Applicable To The Right To A Criminal Trial Within A Reasonable Time
For decades members of the judiciary have publicly raised concerns about the swelling length and complexity of criminal cases.
Canada
18 Jul 2016
14
Right Back Where You Came From: Does The Law Of Your Birthplace Govern Your Estate Without You Even Knowing It?
This case illustrates well that some of the principles of the law of domicile, like the doctrine of revival, are antiquated and out of touch with modern reality with its widespread immigration and mobility.
Canada
15 Jul 2016
15
The AMF Launches Whistleblower Program
The protection of confidentiality, according to the AMF, is the primary motivation for whistleblowers to report incidents.
Canada
29 Jun 2016
16
Why Securities Regulators Can't Collect Monetary Sanctions, And What They Plan To Do About It
Securities regulators across Canada impose significant monetary sanctions against market participants each year.
Canada
17 Mar 2016
17
CSA 2015 Enforcement Report Reveals Increased Regulatory Activity And Significantly Higher Monetary Sanctions
CSA released its annual report on the enforcement activities of its members. Enforcement and pre-enforcement activity has increased significantly in 2015.
Canada
15 Mar 2016
18
The Ontario Court Of Appeal Declines To Extend The Doctrine Of Unconscionability Into The Performance Of Contracts
In Bhasin, the Supreme Court of Canada recognized a general organizing principle of good faith that underlies the law of contracts.
Canada
28 Jan 2016
19
Alberta Court Of Appeal Upholds The Sharing Of Compelled Information With Foreign Authorities
The governing statutes of the ASC and other securities commissions in Canada grant powers to compel testimony and documents through summonses.
Canada
22 Jan 2016
20
R. v. Nestle Canada Inc.: Settlement Privilege In Criminal Proceedings
Canadian courts have long recognized that there is a compelling public interest in promoting an open and productive settlement process, both in civil and criminal proceedings.
Canada
12 May 2015
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