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Searching Content indexed under Trials & Appeals & Compensation by Torys LLP ordered by Published Date Descending.
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1
Ontario Court Of Appeal Holds Federal Carbon Price Constitutional
The Ontario Court of Appeal has confirmed in a 4-1 decision that Parliament has the power to enact a minimum national price on greenhouse gas
Canada
15 Jul 2019
2
Shareholders' Agreements Govern Employee Share Rights On Termination
The Ontario Court of Appeal confirmed in Mikelsteins v. Morrison Hershfield Limited1 that the terms of a shareholders'
Canada
9 Jul 2019
3
OCA: Much-Needed Clarity On The Treatment Of Royalties In Insolvency Proceedings
The Ontario Court of Appeal (OCA) has released its much-anticipated decision in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc. (2019 ONCA 508).
Canada
25 Jun 2019
4
Tenants Be Warned: Ontario Court Of Appeal Confirms Limited Availability Of Relief From Forfeiture
The Ontario Court of Appeal has affirmed its narrow jurisdiction in McRae Cold Storage Inc. v. Nova Cold Logistics ULC
Canada
18 Jun 2019
5
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
6
Supreme Court Rejects Weakened Test For Attributing Fraud To Corporations
In Christine DeJong Medicine Professional Corporation v. DBDC Spadina Ltd.,1 the Supreme Court of Canada (SCC) unanimously held that when an officer of a corporation defrauds
Canada
10 Jun 2019
7
What's New In Tax Controversy And Litigation?
Courts in the second quarter of 2019 will see significant tax-related decisions and developments.
Canada
3 Jun 2019
8
Ontario Case Law Pushes The Limits Of Provincial Limitation Period
When can two years take more than 24 months? In Ontario, in the limitations context, a two-year limitation period is not always two years.
Canada
22 May 2019
9
Conclusion
Twenty years after the introduction of section 11.01, it is clear this provision has failed to live up to the promise of Quintette. Section 11.01 has effectively been replaced by a model order regime.
Canada
3 May 2019
10
Comparison Between Canadian And American Post-Filing Obligations
The United States Bankruptcy Code takes a different approach in principle from the CCAA with respect to post-filing obligations. American legislators, however, have codified specific post-filing
Canada
3 May 2019
11
Lender Disclosure Obligations Confirmed
On March 28, the Supreme Court of Canada dismissed the application for leave to appeal in Solar Power Network Inc., et al. v. ClearFlow Energy Finance Corp. The Ontario Court of Appeal's 2018 decision stands.
Canada
23 Apr 2019
12
Ontario Court Of Appeal Finds No Tort Of Harassment Exists
The Ontario Court of Appeal has held that the tort of harassment does not exist in Ontario. The Court's March 15 decision in Merrifield v. Canada (Attorney General)
Canada
17 Apr 2019
13
Still Waters Run Deep: Ramifications Of Redwater
Just over a month after the SCC handed down its precedent-setting decision in Redwater (Orphan Well Association v. Grant Thornton Ltd. 2019 SCC 5)
Canada
1 Apr 2019
14
Linear Property Tax Claims Are Unsecured In Alberta
The Alberta Court of Appeal dismissed the appeal of three Alberta municipalities in Northern Sunrise County v Virginia Hills Oil Corp, 2019 ABCA 61 (Virginia Hills).
Canada
26 Feb 2019
15
SCC: Privacy Is Not An "All-Or-Nothing" Concept
The Supreme Court of Canada's decision in R v. Jarvis, 2019 SCC 10 (Jarvis) establishes a robust approach to individual privacy rights.
Canada
22 Feb 2019
16
Delaware Superior Court Decision Offers Clarity On D&O Insurance Policies
A recent decision by the Delaware Superior Court serves as a reminder to carefully review both sponsor and portfolio company D&O insurance policies.
Canada
1 Feb 2019
17
What The Supreme Court's Latest Privacy Ruling Means For Business
The Supreme Court of Canada's decision in R v. Reeves, 2018 SCC 56 (Reeves) has broad privacy law implications, despite it being decided in the criminal law context.
Canada
21 Dec 2018
18
Waking The Giant: Charter Litigation Under The Spectre Of The Notwithstanding Clause
One of the new provincial government's most controversial early initiatives was reducing the size of Toronto City Council.
Canada
19 Oct 2018
19
Dicey's Comet ReturnsóWill 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
20
In A First, Delaware Finds Deal Properly Terminated Due To Material Adverse Effect
On October 1, the Delaware Court of Chancery concluded that German healthcare company Fresenius SE was not required to close its acquisition of Akorn, Inc.
Canada
19 Oct 2018
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