Searching Content indexed under Professional Negligence by Blake, Cassels & Graydon LLP ordered by Published Date Descending.
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SCC Affirms Duty Of Care But Reduces Auditor's Damages In Livent Decision
On December 20, 2017, the Supreme Court of Canada (SCC) released its long-awaited decision in Deloitte & Touche v. Livent Inc. (Receiver of) (Livent)...
2 Jan 2018
December 2016 Pensions Newsletter
Welcome to the 16th issue of the Blakes Pensions Newsletter.
21 Dec 2016
Beekeepers Abuzz After Court Allows Class Action To Proceed Against Regulator
The majority suggested that this new public law remedy should replace the current application of modified private law negligence principles to public bodies.
8 May 2015
Design Services Ltd. v. Canada
In Design Services Ltd. v. Canada 2008 SCC 22, the Supreme Court of Canada considered whether an owner owes a duty of care to subcontractors in the tendering context, and found that this type of claim cannot be justified as a new category of negligence for reasons of proximity and indeterminate liability.
18 Jul 2008
Supreme Court Of Canada Allows Suits Against Police For Negligent Investigations
On October 4, 2007, the Supreme Court of Canada handed down its decision in "Hill v. Hamilton Wentworth Regional Police Services Board" (No. 31227) ("Hill").
9 Nov 2007
What Makes Negligence ‘Gross’ And When Is Misconduct ‘Wilful’?
There is often debate during negotiations for joint venture and services agreements about the scope of the exclusion clause. Should liability include or be limited to "gross negligence", "wilful misconduct", or both? In addition to the differing levels of immunity that can be chosen, the parties can manage the likelihood of protracted litigation by clearly defining the chosen liability firewall. Through the use of contractual definitions for these terms, liability clauses provide a mechanism to
7 May 2006
Personal And Corporate Environmental Liability
All Canadian federal and provincial environmental legislation is backed up with stiff penalties, including jail terms, for those persons who contravene their regulatory requirements. Corporate officers can be held liable for the company’s offences by virtue of having "acquiesced in or participated in the commission of the offence" or under the common law for having sufficient seniority and responsibility to qualify as the "directing mind" of the corpo
7 Sep 2004
Statutory Sources Of Liability
Directors of corporations (whether federal, provincial, public, private or non-profit) are responsible for supervising the management of the affairs of the corporation. In the course of carrying out those responsibilities, directors are exposed to a growing number of statutory liabilities.

Directors have obligations to manage the affairs of their companies and govern themselves in accordance with the incorporating statutes for their companies. In addition to thes

7 Sep 2004
Pension Plan Governance and Risk Management – Why Good Governance is Good Business
Governance is a hot topic in the pension arena as well as in corporate boardrooms. Increased litigation, institutional shareholder activism, the impact of pension plans in capital markets and greater awareness of plan members and beneficiaries all point to the need to document and implement good governance practices.
15 Apr 2004
Limitations Act, 2002
On January 1, 2004, the Limitations Act, 2002 came into force in Ontario. This statute governs the limitation periods applicable to claims governed by the law of Ontario. The new statute makes significant changes to limitation periods generally. These changes will have a significant impact on claims related to pension matters.
14 Apr 2004
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