Searching Content indexed under Trials & Appeals & Compensation by McCarthy Tétrault LLP ordered by Published Date Descending.
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When It Rains, It Pours – Supreme Court Of Canada Allows Umbrella Purchaser Claims
On September 20, 2019, the Supreme Court of Canada released its highly-anticipated decision in Pioneer Corp. v. Godfrey, addressing how Canadian courts should approach the certification of competition (antitrust) class actions.
18 Oct 2019
Interpreting "The Whole Agreement" In Austin v. Bell Canada
In a recent class action, a comma in a pension plan was alleged to have generated a dispute of more than $100 million.
14 Oct 2019
A New Era In Journalist Source Protection: The Supreme Court Of Canada Clarifies Section 39.1 Of The Canada Evidence Act
A New Era in Journalist Source Protection: The Supreme Court of Canada Clarifies section 39.1 of the Canada Evidence Act.
7 Oct 2019
Keeping Things In Context: B.C. Court Of Appeal Considers The Roles Of Context And Public Debate In Defamation Cases
The B.C. Court of Appeal's recent decision in Northwest Organics, Limited Partnership v. Fandrich[1] ("Northwest Organics") demonstrates the importance of keeping things
10 Sep 2019
Attornment Is A Shield, Not A Sword: The Court Of Appeal Disallows Plaintiff's Attempt To Bypass Service Ex Juris Rule
On June 12, 2019, the Court of Appeal of Alberta released its decision in Acciona Infrastructure Canada Inc v Posco Daewoo Corporation, 2019 ABCA 241
29 Aug 2019
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
Is The Plaintiff's Motive To Sue Relevant? The Court Of Appeal Says Probably Not
It is not uncommon for defendants to wonder if the plaintiffs have an ulterior motive for bringing a lawsuit beyond the pleaded request for damages and other relief.
23 Aug 2019
Gro-Bark v. Eacom Timber: A Note On Sufficiency Of Reasons
The Court of Appeal for Ontario recently released its decision in Gro-Bark v. Eacom Timber, an appeal about the crucial role that reasons – more precisely, sufficient reasons – play in our legal system.
8 Aug 2019
When Pleadings Are Not Enough – Franchisees' Statutory Rescission Notice Obligations Clarified
The recent case of 2352392 Ontario v. MSI, 2019 ONSC 4055 provides further guidance on a franchisee's obligation to provide notice to the franchisor in order to properly engage their statutory rights of rescission.
31 Jul 2019
Implicit Common General Knowledge Renders Claims Obvious: Tetra Tech EBA Inc. v. Georgetown Rail Equipment Company
The Federal Court of Appeal allowed Tetra's appeal, holding that the 082 patent claims were obvious.
30 Jul 2019
Protecting A Vendor's Privilege In M&A Sale Transactions
Canadian dealmakers should be aware of a recent decision of the Delaware Court of Chancery addressing the circumstances in which a target company's legal privilege belongs to the purchaser after a sale transaction.
18 Jul 2019
Instrubel Goes To The Supreme Court: What This May Mean For International Arbitration In Canada
The recent pronouncement by the Court of Appeal of Québec in Instrubel, n.v. v Republic of Iraq [1] takes yet another step forward in judicial
18 Jul 2019
Federal Court Of Appeal: Obviousness Is An "Inherently Factual" Inquiry
Recently, the Federal Court of Appeal published its decision in Packers Plus Energy Services Inc. v. Essential Energy Services Ltd.,[1] in which the appellant
18 Jul 2019
Quebec Court Dismisses Application Due To Conflict Of Interest Between Plaintiff And Class Counsel
In a decision rendered on May 23, 2019, the Honourable Chantal Lamarche of the Superior Court of Quebec dismissed an application for authorization
16 Jul 2019
M&A Disputes: When Will A Corporation Be Liable For An Officer's Or Director's Fraud? Supreme Court Provides New Guidance
Should a corporation be liable for fraud committed by its director or officer where it may also have benefitted?
16 Jul 2019
The Duty To Accommodate & Frustration Of Contract: Summary Judgement Can Be An Effective Strategy For Employers
In Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Superior Court of Justice (Divisional Court) recently held that a motion judge erred in law in the application of the legal principles concerning frustration...
15 Jul 2019
Ontario Is Not A "Universal Jurisdiction" Under The Ontario Securities Act: Leave To The SCC Denied In Yip v. HSBC Holdings
On March 28, 2019, the Supreme Court of Canada denied leave to appeal in Yip v. HSBC Holdings plc, 2019 CanLII 23866, leaving standing the Ontario Court of Appeal's decision in Yip v. HSBC Holdings plc, 2018 ONCA 626...
11 Jul 2019
Skateboards & Boomerangs: Court Of Appeal Reverses Boomerang Summary Judgment, Clarifies Use Of Hearsay In Affidavits
In Drummond v Cadillac Fairview Corporation Limited, 2019 ONCA 447, the Ontario Court of Appeal reversed a decision granting summary judgment in favour
9 Jul 2019
Ontario Court Of Appeal Clarifies Limits On Claims For Contribution And Indemnity Against A Party's Lawyer
In Hengeveld v. The Personal Insurance Company, 2019 ONCA 497, the Ontario Court of Appeal addressed the issue of when a claim for contribution and indemnity is available against a party's lawyers.
4 Jul 2019
Special Costs Not Available To The Successful Insured In A Duty To Defend Application In British Columbia Absent Reprehensible Conduct On The Part Of The Insurer
In West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 ("West Van Holdings"), the Court of Appeal of British Columbia (the "Court of Appeal")
2 Jul 2019
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