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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.
29 Aug 2019
(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
1 May 2019
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!).
23 Nov 2018
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
20 Sep 2018
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...
11 Sep 2018
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...
6 Aug 2018
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...
6 Aug 2018
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 ...
6 Feb 2018
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.
21 Dec 2017
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.
14 Nov 2016
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.
17 Oct 2016
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...
13 Sep 2016
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.
18 Jul 2016
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.
15 Jul 2016
The AMF Launches Whistleblower Program
The protection of confidentiality, according to the AMF, is the primary motivation for whistleblowers to report incidents.
29 Jun 2016
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.
17 Mar 2016
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.
15 Mar 2016
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.
28 Jan 2016
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.
22 Jan 2016
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.
12 May 2015
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