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Searching Content indexed under Arbitration & Dispute Resolution by Torys LLP ordered by Published Date Descending.
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1
The Uncertainty Behind Ontario's Limitation Periods
The two-year limitations period under Ontario law has always contained a certain degree of variability because the two years is measured on the basis of discoverability.
Canada
18 Jun 2019
2
Not Very Appealing: The Virtually Impossible Task Of Obtaining Permission To Appeal Under Section 44(2) Of The Alberta Arbitration Act
The Alberta Court of Queen's Bench has once again confirmed that obtaining permission to appeal an arbitration award under section 44(2) of the Arbitration Act,
Canada
27 May 2019
3
TELUS v Wellman: SCC Rules Business Customers Can No Longer Piggyback On Consumer Class Actions
In a 5-4 split in TELUS Communications Inc. v. Wellman, the Supreme Court of Canada (SCC) held that, in the context of consumer class actions, business customers remain bound by arbitration clauses in agreements.
Canada
23 Apr 2019
4
Three Priorities For Construction Industry Participants In 2019
Major amendments to the Ontario Construction Lien Act (now the Construction Act) have come into force on a rolling basis since late 2017. However the most significant will take effect on October 1,
Canada
29 Jan 2019
5
Making Ontario Open For Business Act To Repeal Labour And Employment Changes Of Previous Government
On October 23, the provincial government tabled the Making Ontario Open for Business Act (Bill 47).
Canada
26 Oct 2018
6
Dicey's Comet Returns—Will Administrative Law Skies Get Brighter?
Over the last 10 years, asking the courts to judicially review the legality of administrative decision-making in Canada has become an expensive gamble, with low odds.
Canada
19 Oct 2018
7
High Regulatory Standards For Experienced Registrants & Compliance With Client Reporting Obligations: IIROC V. Sutton
What is the standard expected of a dealer employee who is tasked with pricing securities for client reporting, and the compliance standard for reviewing that work? Can seniority affect the standard...
Canada
17 Sep 2018
8
Canada Needs To Share Its Troubling Story Of Child Detention
It is shocking that anyone has to write that sentence. And shock only begins to describe reactions to the crisis in the U.S.
Canada
24 Jul 2018
9
A Comparative Analysis Of Underwriter Liability In The U.S. And Canada
On both sides of the border, securities class actions remain relatively common.
Canada
24 Jul 2018
10
SCC Affirms Provinces Cannot Impose Tariffs On Interprovincial Trade In Goods
The Constitution Act, 1867 has suddenly become a hot topic in a range of industries across Canada. In R. v. Comeau, a unanimous decision ...
Canada
25 Apr 2018
11
Trends In Appellate Cases Will Carry Over To 2018
Senior associate Trish McMahon has penned "Trends in Appellate Cases Will Carry Over to 2018" for Canadian Lawyer Magazine.
Canada
25 Jan 2018
12
Who's On The Hook With "Off-Book" Investments?
Lewis was the broker of record of a mother and her two adult children for many years. The broker was associated with a number of securities dealers ...
United States
7 Nov 2017
13
Securities Class Actions – Underwriter Duty Of Care: LBP Holdings V. Hycroft Mining
In LBP Holdings Ltd. v. Hycroft Mining Corporation, 2017 ONSC 6342, the Ontario Superior Court declined to certify a securities class action brought against underwriters ...
Canada
3 Nov 2017
14
Is It Still Possible To Challenge A Class Action In Québec At The Authorization Stage?
In 2016, the Québec Court of Appeal has allowed no less than five appeals from judgments that refused to authorize class actions.
Canada
28 Nov 2016
15
Without Prejudice? Settlement Privilege Across The Border
Chris Caparelli is the author of "Without Prejudice? Settlement Privilege Across the Border," an article for the Advocates' Society Advocates' Journal.
Canada
17 Jun 2016
16
Federal Court Of Appeal Finds No Settlement Agreement Between Allergan And Apotex
In Apotex v Allergan, the Federal Court of Appeal considered whether settlement discussions between the parties had actually resulted in a binding settlement agreement.
Canada
6 Jun 2016
17
Patent Settlements, Product Switching, "Patent Trolls," And Patent Owner Conduct: The Competition Bureau's Updated IP Enforcement Guidelines
On March 31, 2016, Canada's Competition Bureau (Bureau) released an update of its Intellectual Property Enforcement Guidelines (IPEGs), after previously releasing a draft version for public comment on June 9, 2015.
Canada
20 Apr 2016
18
Order Against Google Upheld By B.C. Court
Despite this measure, the defendants continued to make sales to customers outside of Canada.
Canada
29 Sep 2015
19
Commercial Division Of The New York State Supreme Court Adopts New Rule Permitting Accelerated Adjudication
The Commercial Division of the New York State Supreme Court has issued Rule 9, which governs a new accelerated adjudication process between parties.
Canada
7 Jul 2014
20
OSC Confirms New Enforcement Initiatives
The Ontario Securities Commission issued Staff Notice 15-702, Revised Credit for Cooperation Program.
Canada
18 Mar 2014
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