Litigation Law, Mediation Law and Arbitration Law

The Ontario Superior Court of Justice (Commercial List) has confirmed that historical environmental remediation obligations will not automatically take priority over the claims of other creditors in an insolvency, even where those obligations are framed in the form of regulatory orders.

Commissioner For Taking Affidavits (And Statutory Declarations).

Discharge of teachers for unsatisfactory teaching performance is seldom a straightforward task.

On June 8, 2012, Genentech’s lawsuit seeking a declaration that US Patent No. 6,733,752 was invalid and not-infringed by Genentech’s trastuzumab product (HERCEPTIN).

The fundamental question that the new Ontario summary judgment rule attempts to answer is neither new, nor complex.

On May 23, 2012, the Federal Court released its public reasons in three companion decisions, all written by Madam Justice Snider, in respect of litigation brought separately by Teva Canada Limited ("Teva") and Apotex Inc. ("Apotex") against Sanofi-Aventis and related companies ("Sanofi") pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations (the "Regulations").

Companies victimized by cheque fraud from within their own ranks often turn to their banks for recovery.

In February 2002, the parties to several actions which arose out of the meteoric rise and fall of the fortunes of YBM Magnex International, Inc. ("YBM") announced a settlement agreement (subject to court approval) following a three-week settlement conference.

In October 2011, two Ontario Court of Appeal judges, Justice Michael Moldaver and Justice Andromache Karakatsanis, were appointed to the Supreme Court of Canada.

A year after the uncertainty created in the Canadian corporate debt financing world by the Ontario Court of Appeal's pensions-friendly decision in the Indalex CCAA restructuring matter, the Quebec Superior Court, in April 2012, determined in a lengthy and well-reasoned decision that the key restructuring and pensions law principles underpinning Indalex do not apply in Quebec when considering the treatment of defined benefit amortization payment and deficit claims in a restructuring.

The Federal Court of Appeal ("FCA") upheld the judicial review decision of the Federal Court ("FC") in "Livaditis v. Canada Revenue Agency".

On February 24, 2012, the Tax Court of Canada ("TCC") rendered its decision in Morguard Corporation v. Her Majesty the Queen (2012 TCC 55 – PDF) on the issue of the taxation of break fees received in the context of a takeover bid pursuant to a "lock-up agreement".