Dentons Commercial Litigation Blog

Challenging a minor variance decision: A difficult path forward

Oliver Flis — Mon, 01 Jun 2026 16:27:18 +0000

The recent Divisional Court decisions in 2701836 Ontario Inc. v. Haldimand County (2026), Ho v. Ottawa (2025) and Loeb v. […]

2026 ICC Rules: Updates and changes to increase efficiency in arbitration

Rachel Howie — Wed, 27 May 2026 14:42:34 +0000

The International Chamber of Commerce (ICC) has published its updated arbitration rules, which enter into force on June 1, 2026. […]

Is it time to exit the highway?

Sophie Lorefice — Mon, 25 May 2026 20:09:33 +0000

Reconsidering commercial landlords’ remedies after lease repudiation In Aphria Inc. v. Canada Life Assurance Company (Canada Life)[i], the Supreme Court […]

Pitfalls to efficient breach of contract – specific performance and insufficiency of damages

Chloe Snider — Wed, 20 May 2026 14:08:25 +0000

In CSN Collision (Canada) Inc v. Lift Auto Group Ltd,[1] the Ontario Superior Court of Justice (the Court) recently granted […]

Supreme Court of Canada revisits the doctrine of res judicata and clarifies the elements of cause of action estoppel – with some internal disagreement: Patrick Street Holdings Ltd. v. 11368 NL Inc., 2026 SCC 15

Chloe Snider — Mon, 11 May 2026 15:50:58 +0000

On May 8, 2026, the Supreme Court of Canada (the Court) released its judgment on Patrick Street Holdings Ltd. v. […]

Armstrong v. Township of Russell: Election signs and the solitary search for minimal impairment

Roberto Aburto — Fri, 08 May 2026 16:01:49 +0000

Previously published in LexisNexis Canada’s Municipal Liability Risk Management, Vol. 27, No. 4 Are the where and when of municipal […]

Enforcement of foreign arbitral awards: Narrow limits on public policy and incapacity defences

Chloe Snider — Wed, 06 May 2026 15:54:31 +0000

In Feicheng Mining Group Co. Ltd. v. Liu, 2026 ONSC 1969, the Ontario Superior Court of Justice enforced a China […]

When AI meets privilege: What foreign courts are telling us about the risks of public AI in legal practice

Morgan Camley, KC — Tue, 28 Apr 2026 15:29:57 +0000

The legal profession’s relationship with artificial intelligence is evolving rapidly, and not always smoothly. Canadian courts and tribunals are grappling […]

A slice of equity: Ambassador Realty Inc. and the limits of contractual rights

Fraser Mackinnon Blair — Fri, 24 Apr 2026 19:44:03 +0000

In 8750297 Canada Inc. v. Ambassador Realty Inc.,[1] the Ontario Superior Court of Justice granted equitable relief from forfeiture to a […]

R. v. Mossman: British Columbia Court of Appeal holds that knowledge or intent is not required to impose secondary liability for environmental offences

Dina Awad — Tue, 31 Mar 2026 18:00:42 +0000

As regulatory statutes, the purpose of environmental protection legislation is to protect the welfare of the public and to protect […]

Privilege in the GenAI world – a caution to litigants (and counsel)

Chloe Snider — Tue, 31 Mar 2026 15:26:01 +0000

The recent decision in United States v. Heppner offers an early judicial warning for litigants using public generative AI tools in active […]

No easy exit: Ontario Divisional Court confirms high bar for setting aside adjudication decisions

Karen Groulx — Thu, 26 Mar 2026 15:27:01 +0000

In Sayers Foods Ltd. v. Gay Company Ltd., 2026 ONSC 918, the Ontario Divisional Court dismissed an application for judicial […]

Pen but no penalty: Lawyer avoids liability for drafting false and misleading press releases – Ontario Securities Commission v. Akbar

Raphael Eghan — Tue, 17 Mar 2026 15:46:28 +0000

Under Ontario securities law, capital markets participants may be held liable for misleading or untrue statements that are communicated to […]

Court of Appeal for Ontario affirms stay against non-party to arbitration

Mike Schafler — Mon, 23 Feb 2026 19:45:53 +0000

In Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.p.A., 2026 ONCA 28, the Court of Appeal affirmed a stay […]

To prompt or not to prompt: The implications of using artificial intelligence in court documents

Sean Fairhurst — Mon, 23 Feb 2026 15:31:20 +0000

Alberta courts are increasingly penalizing the misuse of artificial intelligence (AI) in legal documents. The Alberta Court of King’s Bench […]

Are “drop dead” applications now a race to the courthouse steps?

Changhai Zhu — Fri, 20 Feb 2026 16:02:48 +0000

In a recent decision, the Alberta Court of King’s Bench, for the first time, dismissed an application under Rule 4.33 […]

LOIs and the duty of good faith – the court provides some answers

Chloe Snider — Fri, 13 Feb 2026 16:48:51 +0000

In Dr. Michael Emon Dentistry Professional Corporation v. Alexander Sevo Dentistry Professional Corporation, the Ontario Superior Court (OSCJ) addresses the […]

Set-off is (still) a defence to summary judgment in Alberta

Kelly Osaka — Thu, 12 Feb 2026 14:58:21 +0000

The Alberta Court of Appeal has confirmed that equitable set-off can be a genuine defence to a summary judgment application. […]

Hilmer Motorsport GmbH v. Mason: The starting line for a jurisdictional defence is at the foreign court

Emily McMurtry — Wed, 21 Jan 2026 21:30:56 +0000

What do you do when your contractual counterpart sues in foreign court in the face of a mandatory arbitration agreement? […]

British Columbia introduces new provincial Short-Term Rental Registry

Andrew Mollard — Thu, 18 Dec 2025 17:49:41 +0000

A significant update to the short-term rental landscape in British Columbia has taken shape with the introduction of the provincial […]

Restrictive covenants: A barrier to housing developments in British Columbia

Emma Irving — Thu, 18 Dec 2025 14:51:27 +0000

A complicating factor in the recent push to increase available housing in British Columbia are historical restrictive covenants that are […]

Navigating Canada’s emerging AI landscape: Risks and realities for financial professionals

Kelly Osaka — Tue, 09 Dec 2025 15:44:04 +0000

Canada’s AI regulatory landscape for financial institutions is still taking shape. Without an overarching federal statute, the financial services industry […]

Supreme Court of Canada considers the meaning of “material change” in Canadian securities law and clarifies the test for leave to proceed with a secondary market securities class action

Matthew Fleming — Tue, 02 Dec 2025 18:56:50 +0000

On November 28, 2025, the Supreme Court of Canada released its highly anticipated decision Lundin Mining Corporation v. Markowich,[1] addressing […]

Back to regularly scheduled programming: The Divisional Court confirms that compelled testimony against an individual is admissible in Capital Markets Tribunal hearings

Raphael Eghan — Mon, 17 Nov 2025 17:29:57 +0000

Introduction The Ontario Securities Commission Staff (the OSC or Staff)has the power under section 13 of the Securities Act (the […]

Dentons quarterly privacy litigation digest – Issue 3/2025

Kelly Osaka — Fri, 07 Nov 2025 14:21:58 +0000

This issue of Dentons’ quarterly privacy litigation digest summarizes important privacy decisions, including: a British Columbia (BC) Court of Appeal […]

Supreme Court of Canada allows property owners to acquire municipal parkland through a claim for adverse possession

Brandon Barnes Trickett — Thu, 25 Sep 2025 13:27:41 +0000

Introduction Private landowners who have met the requirements for adverse possession can acquire title to land even if it is […]

Ontario Superior Court awards nearly CA$2 million in landmark online defamation case

Morgan Camley, KC — Tue, 02 Sep 2025 18:54:38 +0000

On August 19, 2025, the Ontario Superior Court of Justice (the Court) released its decision in Canadian Aids Treatment Information […]

Hard landing for uncertified proposed airline conspiracy class action: Gifford v. Air Canada

Amer Pasalic — Tue, 12 Aug 2025 19:39:27 +0000

The Ontario Superior Court of Justice in Gifford v. Air Canada (Gifford)[1] declined to certify a proposed class action alleging […]

Can manufacturers be liable in negligence for harms committed by third parties?

Amer Pasalic — Wed, 30 Jul 2025 16:04:21 +0000

In Price v Smith & Wesson Corporation (Price),[1] the Court of Appeal for Ontario recently certified a negligence class action […]

Alberta Court of King’s Bench puts civil litigation on the clock

Kelly Osaka — Wed, 16 Jul 2025 16:32:18 +0000

Alberta’s civil litigation landscape is undergoing a significant shift in an attempt to address increasing costs and delays. On July […]

Dentons quarterly privacy litigation digest – Issue 2/2025

Kelly Osaka — Tue, 15 Jul 2025 19:43:46 +0000

In this installment of Dentons’ quarterly privacy litigation digest, we review recent key privacy decisions, including: a decision of the […]

From DIFC-LCIA to DIAC: Ontario court enforces Dubai-seated international arbitration award

Mike Schafler — Tue, 08 Jul 2025 14:47:45 +0000

The Ontario Superior Court of Justice has granted recognition and enforcement of a Dubai-seated arbitral award in InFrontier AF LP […]

Privative clauses in the public eye: Democracy Watch heads to the Supreme Court of Canada

Brandon Barnes Trickett — Thu, 03 Jul 2025 13:45:23 +0000

A prominent feature of Canadian jurisprudence in the public law domain is the absence of true stare decisis. A significant […]

Mediation deadlines—are they for real? Court of Appeal for Ontario clarifies timing requirements in dispute resolution clause

Mike Schafler — Fri, 27 Jun 2025 18:42:27 +0000

What happens when a dispute resolution clause requires “any dispute … which cannot be resolved … within thirty (30) days […]

Providing expert opinion as a “participating expert” in Ontario court proceedings

David Elliott — Wed, 11 Jun 2025 19:33:14 +0000

Professionals who become involved as observers or participants in events giving rise to court actions are typically treated as “fact […]

When silence isn’t golden: Lessons from the removal of an unresponsive arbitrator

Chloe Snider — Sat, 07 Jun 2025 17:23:16 +0000

Arbitration is a favourable alternative to traditional trial proceedings due to its expeditious and efficient nature, making it an attractive […]

No Mareva injunction without risk of dissipation: Court denies freezing order in shareholder dispute

Chloe Snider — Thu, 05 Jun 2025 20:20:35 +0000

In Sherif Gerges Pharmacy Professional Corporation et al. v. Niam Pharmaceuticals Inc. et al., the Ontario Superior Court of Justice […]

The Court of Appeal for Ontario: Cryptocurrency company’s arbitration clause contrary to public policy and unconscionable

Chloe Snider — Sun, 01 Jun 2025 20:41:59 +0000

In Lochan v. Binance Holdings Limited, 2024 ONCA 784 (Lochan), the Court of Appeal for Ontario (the ONCA) upheld the […]

Appeals Court halts United States Court of International Trade decision striking down Trump administration tariffs

Morgan Camley, KC — Tue, 27 May 2025 14:44:22 +0000

On May 28, 2025, the United States Court of International Trade (USCIT) ruled that the expansive global trade tariffs introduced […]

Dentons quarterly privacy litigation digest – Issue 1 / 2025

Kelly Osaka — Fri, 11 Apr 2025 19:14:31 +0000

Welcome to the first instalment of Dentons’ quarterly privacy litigation digest in 2025. In this issue, we review the development […]

Ocean Pacific Hotels v. Lee: The limits of the duty of honest performance and a lesson in class proceeding amendments

Emma Irving — Tue, 08 Apr 2025 14:24:43 +0000

In a recent decision, the BC Court of Appeal in Ocean Pacific Hotels v. Lee, 2025 BCCA 57, further clarified […]

Special costs awarded against Law Society of British Columbia as BC Supreme Court overturns administrative penalty

Morgan Camley, KC — Tue, 01 Apr 2025 19:42:03 +0000

In a recent decision of the Supreme Court of British Columbia, Samarakoone v. The Law Society of British Columbia, 2025 […]

The Norwich Order: The lesser-known sibling of the Mareva and Anton Piller

Kay Scorer — Mon, 24 Mar 2025 13:51:54 +0000

Overview of Norwich Orders Named after the 1974 decision from the House of Lords in Norwich Pharmacal Co. v. Customs […]

Capital Markets Tribunal dismisses Ontario Securities Commission enforcement proceedings against parties involved in complex capital-raising transactions

Brandon Barnes Trickett — Mon, 17 Mar 2025 19:34:03 +0000

In a notable ruling, the Capital Markets Tribunal (the Tribunal) dismissed enforcement proceedings against parties involved in complex capital-raising transactions, […]

BC court of appeal finds “ideological battle” no justification for defamation of school trustee

Morgan Camley, KC — Fri, 14 Mar 2025 17:40:09 +0000

In Neufeld v. Bondar, 2025 BCCA 51, the British Columbia Court of Appeal dismissed an appeal from a decision finding […]

Ontario Superior Court provides guidance for lawyers and experts involved in complex delay claims

Chelsea Wilson — Thu, 13 Mar 2025 20:39:46 +0000

In 2024, following a 161 day trial, the Ontario Superior Court of Justice issued an 849 paragraph decision stemming from […]

Supreme Court of Canada dismisses Saskatchewan’s application to strike for abuse of process against Métis Nation

Brandon Barnes Trickett — Wed, 12 Mar 2025 19:35:53 +0000

Introduction On February 28, 2025, the Supreme Court of Canada (SCC) dismissed an appeal by the Government of Saskatchewan in […]

So long, Shareholder Rule ─ What this means for companies and shareholders

Brandon Barnes Trickett — Mon, 10 Mar 2025 19:46:17 +0000

In a landmark decision, the Commercial Division of the High Court of England and Wales held that the longstanding “Shareholder […]

Government of British Columbia proposes amendments to the Business Practices and Consumer Protection Act

Emma Irving — Thu, 06 Mar 2025 16:25:40 +0000

On February 25 and March 3, 2025, respectively, the British Columbia government introduced and proceeded with first and second readings […]

L’IAMC adopte de nouvelles règles d’arbitrage, qui sont entrées en vigueur le 1er mars 2025

Mike Schafler — Mon, 03 Mar 2025 19:48:16 +0000

L’Institut d’arbitrage et de médiation du Canada (IAMC) a adopté de nouvelles règles d’arbitrage et un nouveau protocole de nomination […]

The ADR Institute of Canada adopts new arbitration rules, effective March 1, 2025

Mike Schafler — Mon, 03 Mar 2025 14:24:49 +0000

The ADR Institute of Canada (ADRIC) has adopted new arbitration rules and a new arbitrator appointment protocol, effective March 1, […]

The impact of lower interprovincial trade barriers on Canada’s agriculture and agri-food sector

Morgan Camley, KC — Wed, 26 Feb 2025 21:06:23 +0000

In response to the looming threat of a trade war with the United States, efforts to remove barriers to Canada’s […]

BC Court of Appeal refuses pre-certification stay of duplicative claim

Jaclyn Vanstone — Mon, 24 Feb 2025 15:09:46 +0000

In InvestorCOM Inc. v. L’Anton, 2025 BCCA 40 (InvestorCOM), the BC Court of Appeal reaffirmed that pre-certification stays of proposed […]

Reasonable apprehension of bias on the part of one arbitrator taints the panel – Court of Appeal for Ontario

Mike Schafler — Thu, 06 Feb 2025 17:22:38 +0000

In Vento Motorcycles, Inc. v. United Mexican States, 2024 ONCA 480, the Court of Appeal for Ontario held that bias […]

BC Supreme Court affirms freedom of expression no excuse for defamation without legal justification or excuse

Morgan Camley, KC — Wed, 05 Feb 2025 20:38:14 +0000

In a recent defamation decision, Nanaimo (City) v. Propp, 2024 BCSC 2465, the BC Supreme Court issued a permanent injunction […]

Parallel proceedings: Reminders on the importance of regulatory mandates and the impact on judicial review applications

Tari Hiebert — Fri, 31 Jan 2025 21:33:11 +0000

Introduction In Bauhuis v. Association of Professional Engineers and Geoscientists of Alberta[1] (Bauhuis), the Alberta Court of King’s Bench considered […]

Under-regulated or completely unregulated?

Michael Beard — Mon, 23 Dec 2024 21:31:12 +0000

The exploitation of consumers for both under-regulated and altogether unregulated medical and pseudo-medical procedures has taken centre stage in the […]

An illustration of the importance of expert evidence in professional negligence claims

Sara Hart — Wed, 11 Dec 2024 21:03:16 +0000

In Hopkins v Murphy,[1] the Ontario Superior Court of Justice (the Court) dismissed a professional negligence claim in which the […]

Supreme Court of Canada determines multi-crown class actions are constitutional: Sanis Health Inc. v. British Columbia, 2024 SCC 40

Matthew Fleming — Fri, 06 Dec 2024 19:16:02 +0000

The Supreme Court of Canada has confirmed the constitutionality of BC legislation enacted to permit the BC Crown to act […]

Dentons quarterly privacy litigation digest – Issue 3 / 2024

Kelly Osaka — Fri, 06 Dec 2024 14:51:57 +0000

In this issue, we discuss the Federal Court of Appeal’s decision upholding the requirement that users provide meaningful consent to […]

Rectification resurgence: Recent trends in Ontario rectification cases

Douglas Stewart — Fri, 29 Nov 2024 20:55:59 +0000

When parties to an agreement need to correct errors in the recording of their agreement, one solution is to go […]

Curves, turns and legal concerns: What amusement ride manufacturers and operators need to know

Fraser Mackinnon Blair — Mon, 18 Nov 2024 17:23:51 +0000

In the realm of thrill-seeking, it is hard to imagine anything better than a towering rollercoaster or a plunging water […]

Supreme Court of Canada holds that the Vavilov framework applies to the review of subordinate legislation

Brandon Barnes Trickett — Thu, 14 Nov 2024 18:42:13 +0000

Introduction On November 8, 2024, the Supreme Court of Canada (SCC) confirmed in two companion decisions, Auer v Auer (Auer) […]

Court of Appeal for British Columbia confirms designer negligence in the absence of contractual privity

Michael Sestito — Fri, 18 Oct 2024 13:49:39 +0000

In Centurion Apartment Properties Limited Partnership v. Sorensen Trilogy Engineering Ltd,[1] the Court of Appeal for British Columbia confirmed that […]

Demand loans and the limitation of actions

Robert Kligman — Tue, 27 Aug 2024 20:24:28 +0000

In T.O. Estate v. D.O., 2024 ONCA 603, the Court of Appeal for Ontario (the Court of Appeal) held that […]

British Columbia Environmental Appeal Board “enters the fray,” giving rise to a reasonable apprehension of bias

Morgan Camley, KC — Thu, 15 Aug 2024 14:51:08 +0000

In District Director, Metro Vancouver v. Environmental Appeal Board, 2024 BCSC 1064 (District Director), the Supreme Court of British Columbia […]

Waiver of arbitration rights and strike motions – The Court of Appeal for Ontario weighs in

Chloe Snider — Mon, 12 Aug 2024 15:50:46 +0000

The recent decision of the Court of Appeal for Ontario in RH20 North America Inc. v. Bergmann provides guidance on […]

Supreme Court of Canada decision confirms securities regulators’ administrative monetary penalties do not survive personal bankruptcy (but disgorgement orders do)

Michael Beeforth — Thu, 08 Aug 2024 18:57:12 +0000

Overview Individuals subject to administrative monetary penalties levied by securities regulators – even for fraudulent conduct such as market manipulation […]

BC Court sanctions influencer with $350K damages award for defamatory videos about a company and its products

Morgan Camley, KC — Tue, 06 Aug 2024 16:30:20 +0000

In a recent decision, the BC Supreme Court awarded a beauty company $350,000 in damages after a YouTuber made a […]

Dentons quarterly privacy litigation digest – Issue 2 / 2024

Kelly Osaka — Tue, 16 Jul 2024 16:38:41 +0000

In this edition of Dentons’ quarterly privacy litigation digest, we review recent key privacy decisions, including a privacy-related class action […]

Supreme Court of Canada rules school boards are “manifestations of government” and the Canadian Charter applies: York Region District School Board v. Elementary Teachers’ Federation of Ontario

Brandon Barnes Trickett — Fri, 12 Jul 2024 15:04:42 +0000

Introduction The Supreme Court of Canada (SCC) ruled late last month that Ontario public school board teachers are protected from […]

The Supreme Court of Canada declines to hear appeals from decisions upholding arbitration agreements and embedded class action waivers

Neil Rabinovitch — Wed, 26 Jun 2024 13:49:36 +0000

On May 16, 2024, the Supreme Court of Canada (SCC) dismissed a number of applications for leave to appeal, including […]

Exclusion clauses and the Sale of Goods Act: Earthco soil Mixtures Inc. v. Pine Valley Enterprises

Chloe Snider — Tue, 25 Jun 2024 15:00:26 +0000

Introduction In Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20, the Supreme Court of Canada (SCC) […]

Deal or no deal? A concise guide to negotiating contracts while minimizing the risk of disputes

Don Macintosh — Wed, 05 Jun 2024 20:12:56 +0000

Parties negotiating contracts frequently litigate whether they have a binding agreement. This guide provides advice to clients negotiating contracts to […]

British Columbia Court of Appeal upholds residency requirement in Class Proceedings Act

Emma Irving — Fri, 31 May 2024 15:46:38 +0000

*This article was originally published on 5/31/2024 and updated on 6/5/2024. The British Columbia Court of Appeal has upheld a […]

Court declines to set aside an award despite a finding of reasonable apprehension of bias

Mike Schafler — Thu, 30 May 2024 16:05:27 +0000

How much bias from an arbitrator on a three-member Tribunal suffices to set aside an award? In Vento Motorcycles Inc. […]

Twelve years since the recognition of the tort of intrusion upon seclusion: How Jones v. Tsige continues to impact privacy class actions in Canada

Mike Schafler — Tue, 21 May 2024 17:32:27 +0000

It has been 12 years since the Ontario Court of Appeal first recognized the tort of intrusion upon seclusion in […]

Professional regulators must adhere to a high standard before restricting a regulated member’s right to practice: Chartered Professional Accountants of Alberta (Complaints Inquiry Committee) v. Mathison

Michael Sestito — Wed, 08 May 2024 14:52:53 +0000

In Chartered Professional Accountants of Alberta (Complaints Inquiry Committee) v. Mathison, 2024 ABCA 33 (Mathison), the Court of Appeal of […]

L’existence d’un droit d’appel limité empêche-t-elle une personne de présenter une demande de pourvoi en contrôle judiciaire? La réponse se trouve dans Yatar c. TD Insurance Meloche Monnex

Ana Qarri — Mon, 29 Apr 2024 19:17:41 +0000

Dans l’arrêt Yatar c. TD Insurance Meloche Monnex, 2024 CSC 8 (l’« affaire Yatar »), publié le 15 mars 2024, la […]

The role that a limited statutory right of appeal plays in the availability of judicial review: Yatar v. TD Insurance Meloche Monnex

Ana Qarri — Thu, 11 Apr 2024 16:36:21 +0000

In Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8 (Yatar), released on March 15, 2024, the Supreme Court of […]

Certification of proposed product liability class action dismissed where alleged defect not common to proposed class

Matthew Fleming — Tue, 09 Apr 2024 14:13:48 +0000

In Larsen v. ZF TRW Automotive Holdings Corp., 2023 BCSC 1471 (“Larsen”), the Supreme Court of British Columbia dismissed the […]

Obtaining substantive relief at case conferences? A question of jurisdiction

Amer Pasalic — Wed, 20 Mar 2024 16:06:12 +0000

Two recent decisions by the Ontario Superior Court of Justice raise the issue of a judge’s jurisdiction to grant substantive […]

Supreme Court of Canada rules there is a reasonable expectation of privacy in IP address

Kirsten Thompson — Wed, 20 Mar 2024 14:28:33 +0000

In R v. Bykovets[1], the Supreme Court of Canada, on a 5-4 majority, ruled that an IP address attracts a […]

Use it or lose it: The importance of confirming trademark use when acquiring trademarks in Canada

Meredith Bacal — Tue, 12 Mar 2024 17:11:39 +0000

Before acquiring a trademark in Canada, purchasers will want to ensure that the seller used the trademark in the previous […]

Innovative approach to product liability class action defence: Dentons successfully represents Subaru Canada Inc.

Barry Pecore — Mon, 11 Mar 2024 13:52:59 +0000

Class actions can have devastating economic consequences for businesses, but in the ever-evolving landscape of product liability class actions, you […]

Dentons quarterly privacy litigation digest – Issue 1 / 2024

Kelly Osaka — Thu, 29 Feb 2024 19:51:18 +0000

The proliferation of privacy-related class actions in 2023 continued the trend of plaintiffs seeking recourse for data breaches affecting the […]

Lussier c. Expedia inc. et al. : La Cour supérieure rejette l’action collective relative à des frais hôteliers

Margaret Weltrowska — Fri, 23 Feb 2024 19:36:52 +0000

Le 19 février 2024, la Cour supérieure du Québec a rendu sa décision sur le fond de l’action collective Lussier […]

Québec Superior Court dismisses resort fees class action: Lussier v. Expedia Inc. et al.

Margaret Weltrowska — Fri, 23 Feb 2024 18:00:18 +0000

On February 19, 2024, the Québec Superior Court issued its judgment on the merits of the class action Lussier v. […]

Proposed privacy class action fails (again) to meet test for intrusion upon seclusion

Neil Rabinovitch — Tue, 20 Feb 2024 15:17:28 +0000

A recent decision of the Court of Appeal for Ontario upholding a decision denying certification of a data breach class […]

The Court of Appeal decides – deal or no deal: The importance of reaching agreement on all essential terms

Chloe Snider — Thu, 15 Feb 2024 15:37:02 +0000

In December 2023, the Court of Appeal for Ontario reinforced the principle that parties must agree on all essential terms […]

Supreme Court of Canada to hear appeal regarding test for assumption of jurisdiction based on contract connected to the province

Chloe Snider — Tue, 06 Feb 2024 18:56:56 +0000

In 2023, the Court of Appeal grappled with the application of one of the presumptive connecting factors for jurisdiction under […]

Is the game just that good? Or was it designed to be addictive?

Josh Dial — Mon, 29 Jan 2024 20:24:37 +0000

As we observed in our last blog post, legal complaints regarding microtransactions in video games continue to increase in both […]

Dentons Canada celebrates half billion mining arbitration win

Mike Schafler — Thu, 25 Jan 2024 20:20:28 +0000

Dentons Canada is delighted to announce an important achievement for our clients, two related Canadian and Ecuadorian mining companies, in […]

Ontario Court of Appeal sets bar for when a claim of breach of fiduciary duty owed by investment advisor discloses a reasonable cause of action: Boal v. International Capital Management Inc.

Matthew Fleming — Wed, 24 Jan 2024 14:30:40 +0000

The Court of Appeal for Ontario (the Court) recently considered whether a group of clients of an investment advisory firm […]

Dentons litigation team secures victory for defendant in high-profile defamation action

Morgan Camley, KC — Thu, 18 Jan 2024 19:10:05 +0000

On January 10, 2024, the British Columbia Court of Appeal released its decision in Rooney v. Galloway, 2024 BCCA 8, […]

Ontario Court of Appeal confirms COVID-19 orders do not trigger coverage under all risks policy

Neil Rabinovitch — Mon, 18 Dec 2023 14:26:16 +0000

In SIR Corp et al v Aviva Insurance Company of Canada, 2023 ONCA 778, the Ontario Court of Appeal affirmed […]

The Supreme Court of Canada considers whether a debt owed to the British Columbia Securities Commission survives bankruptcy under an exception to the ‘fresh start’ principle

Michael Beeforth — Wed, 06 Dec 2023 20:28:33 +0000

On December 6, 2023, the Supreme Court of Canada heard the appeal of Poonian v British Columbia Securities Commission, 2022 […]

Ontario court applies new preferable procedure analysis for first time

Matthew Fleming — Fri, 01 Dec 2023 18:34:48 +0000

On October 31, 2023, the Ontario Superior Court of Justice released the first decision[1] on a certification motion to interpret […]

Between a rock and a hard place: The unusual case of Canada Cannabis Corporation (Re)

Brandon Barnes Trickett — Mon, 27 Nov 2023 19:36:32 +0000

In a rare outcome, Ontario’s Capital Markets Tribunal (the Tribunal) recently stayed enforcement proceedings against Silvio Serrano (Serrano) as an […]

Down but not out: Rectification granted by the Ontario Superior Court to correct trust deeds

Douglas Stewart — Wed, 22 Nov 2023 19:28:54 +0000

Introduction Rectification is an equitable remedy that allows a court to correct errors in a written document, such as a […]

Expanding the scope of production orders: Virtual presence brings data around the world into the purview of Canadian law enforcement

Melika Mostowfi — Wed, 15 Nov 2023 20:29:12 +0000

On April 20, 2023, the Supreme Court of Canada declined to hear an appeal from the Alberta Court of Appeal’s […]

Canvassing the fundamentals of federalism in Reference re Impact Assessment Act

Laurie Livingstone — Mon, 30 Oct 2023 19:19:35 +0000

On October 13, 2023, the Supreme Court of Canada released its highly anticipated judgment on constitutional challenges to the federal […]

Arbitrator award upheld in a shareholder agreement dispute

Mike Schafler — Thu, 26 Oct 2023 21:03:16 +0000

Agreeing to arbitrate disputes in shareholder agreements can lead to fast, and final, decisions for the parties involved. In EDE […]

It goes without saying, or does it?

Meredith Bacal — Mon, 23 Oct 2023 18:59:11 +0000

BC Court of Appeal clarifies the application of anti-SLAPP legislation where the defendant denies making the allegedly defamatory statements On […]

Fixed price or cost plus? A tale of two construction project payment arrangements

Sean Fairhurst — Mon, 16 Oct 2023 14:32:16 +0000

When it comes to construction projects, the choice of payment arrangement between the parties is a crucial consideration. In a […]

Bifurcated disciplinary proceedings by a regulatory college: Court grants a stay

Rose Carter — Thu, 12 Oct 2023 17:30:32 +0000

In the recent case of MA v. Alberta College of Pharmacy, 2023 ABKB 522 (MA), the Court of King’s Bench […]

Attacking fraudulent conveyances: What is the time limit?

Fraser Mackinnon Blair — Tue, 10 Oct 2023 16:11:31 +0000

In Bank of Montreal v. Iskenderov, 2023 ONCA 528, the Ontario Court of Appeal held that actions to set aside […]

British Columbia Court of Appeal confirms scope of documents to be produced on judicial review of cabinet decision

Mélanie Power — Wed, 04 Oct 2023 20:41:06 +0000

In a recent favourable outcome the British Columbia (BC) Court of Appeal affirmed the rights of applicants for judicial review […]

Ontario Court of Appeal clarifies the meaning of “material change” and discusses disclosure obligations in context of securities class actions

Matthew Fleming — Wed, 02 Aug 2023 17:54:21 +0000

In recent decisions in Markowich v. Lundin Mining Corporation[1] and Peters v. SNC-Lavalin Group Inc,[2] the Court of Appeal for […]

Recent increase in employment and competition law claims in esports

Josh Dial — Tue, 25 Jul 2023 20:06:10 +0000

The global video game industry continues to see tremendous growth, with 2023 revenues projected to reach CA$487 billion. Esports continue […]

Can the government immunize certain regulatory decisions from judicial review? Federal Court of Appeal and Supreme Court of Canada set to weigh in

Morgan Camley, KC — Tue, 18 Jul 2023 17:43:03 +0000

Introduction In a recent decision, the Federal Court of Appeal (the Court) considered whether the government can restrict parties from […]

Ontario Court of Appeal decision highlights high threshold for interference with international arbitrations

Nicole Tzannidakis — Tue, 11 Jul 2023 18:00:39 +0000

In its recent decision in All Communications Network of Canada v. Planet Energy Corp. (All Communications),[1] the Ontario Court of […]

Cases to watch in 2024: Supreme Court of Canada to clarify sale of goods issues

Lyndsee Thompson — Thu, 06 Jul 2023 15:48:41 +0000

The Supreme Court of Canada (the Court) recently granted leave to appeal in Earthco Soil Mixtures Inc. v. Pine Valley […]

Fresh evidence ruling provides a fresh clarification on how a court “decides the matter”

Mike Schafler — Wed, 21 Jun 2023 18:31:08 +0000

In Russian Federation v. Luxtona Limited, 2023 ONCA 393, the Court of Appeal for Ontario addressed an application under Article […]

Environmental, social and governance risks for agriculture and food businesses in Canada

Kelly Osaka — Mon, 19 Jun 2023 18:08:59 +0000

Environmental, social and governance (ESG) considerations are becoming increasingly important to businesses in Canada. ESG-based regulatory investigations and litigation have […]

Rolling the dice on interpretation: Are online casinos captured by the scope of the Alberta Gaming, Liquor and Cannabis Commission?

Sean Fairhurst — Thu, 15 Jun 2023 16:10:30 +0000

In the recent case Tsuu T’ina Gaming Limited Partnership v Alberta Gaming, Liquor and Cannabis Commission, 2023 ABCA 135 (Tsuu […]

Separability revisited: What if there is no contract?

Mike Schafler — Mon, 12 Jun 2023 20:33:22 +0000

In Ismail v. First York Holdings Inc.,[1] the Court of Appeal for Ontario found that once it has been decided […]

Amendments to the Alberta Business Corporations Act grant courts greater discretion in the approval of plans of arrangement

Kelly Osaka — Mon, 29 May 2023 17:52:12 +0000

A plan of arrangement pursuant to a corporation’s governing corporate statute, such as the Alberta Business Corporations Act, RSA 2000, c B-9 […]

A Missing link in Alberta’s Mental Health Act

Rose Carter — Fri, 26 May 2023 16:52:00 +0000

In JOS v RCMP et al, 2023 ABKB 266, the Court of King’s Bench (the Court) heard an appeal of […]

Valeurs opposées et application de la loi anti-SLAPP de la Colombie-Britannique : La décision de la Cour suprême du Canada dans l’affaire Hansman c. Neufeld

Brandon Barnes Trickett — Thu, 25 May 2023 17:30:31 +0000

La Cour suprême du Canada a rendu sa décision dans l’affaire Hansman c. Neufeld, une décision très attendue dans laquelle […]

Hazan c. Micron Technology : la Cour d’appel du Québec exige que des allégations de complot soient étayées par une certaine preuve

Adam Goodman — Thu, 25 May 2023 15:25:19 +0000

Dans l’arrêt Hazan c. Micron Technology Inc., 2023 QCCA 132, la Cour d’appel du Québec a confirmé qu’il ne suffit pas […]

Hazan v Micron Technology: Québec Court of Appeal requires evidence to support conspiracy

Adam Goodman — Thu, 25 May 2023 15:23:04 +0000

In Hazan v. Micron Technology Inc., 2023 QCCA 132, the Québec Court of Appeal confirmed that mere allegations are insufficient to […]

Competing values and the application of anti-SLAPP legislation: The Supreme Court of Canada’s decision in Hansman v. Neufeld

Brandon Barnes Trickett — Tue, 23 May 2023 15:47:29 +0000

The Supreme Court of Canada has released its much-anticipated decision in Hansman v. Neufeld (Hansman), a decision interpreting British Columbia’s […]

Ontario Court of Appeal upholds arbitration agreement: A common-sense approach to contractual interpretation

Nicole Tzannidakis — Wed, 17 May 2023 13:20:19 +0000

In a recent arbitration decision, Baffinland Iron Mines LP v Tower-EBC G.P., S.E.N.C (Baffinland),[1] the Ontario Court of Appeal (the […]

Court of Appeal Refuses to Reconsider and Affirms Date From Which Limitation Period Runs for Recognition and Enforcement of Foreign Judgment

Robert Kligman — Thu, 04 May 2023 17:32:00 +0000

In Sunlight General Capital LLC v. Effisolar Energy Corporation, 2023 ONCA 133, the Court of Appeal for Ontario affirmed the principle […]

Complying with contractual notice requirements: Lessons from Crosslinx Transit Solutions v. Ontario

Karen Groulx — Mon, 01 May 2023 17:44:38 +0000

Summary The Ontario Court of Appeal’s decision in Crosslinx Transit Solutions General Partnership v. Ontario (Economic Development, Employment and Infrastructure), […]

Generative AI – Navigating commercial and civil liability

Chloe Snider — Mon, 24 Apr 2023 16:55:29 +0000

ChatGPT, the topic of the moment, and generative artificial intelligence (AI) systems more broadly, are AI systems that can create […]

The Canadian Securities Administrators introduces changes to enhance Canadian investor protection – New requirements for crypto asset trading platforms

Raphael Eghan — Fri, 21 Apr 2023 15:27:20 +0000

Recently, Canadian Securities Administrators (CSA) released CSA Staff Notice 21-332 Crypto Asset Trading Platforms: Pre-Registration Undertakings (Changes to Enhance Canadian […]

BC court finds employer’s “structural environment” sufficient to ground vicarious liability claim for privacy violations

Melika Mostowfi — Fri, 14 Apr 2023 15:29:37 +0000

The issue of vicarious liability of an employer for privacy breaches perpetrated by a rogue employee is increasingly before the […]

Dark times for “Dark Patterns”? Epic Games settles over unauthorized micro-transactions and user interface trickery (sort of)

Josh Dial — Fri, 17 Mar 2023 21:11:25 +0000

On March 14, 2023, the United States Federal Trade Commission confirmed and finalized an order arising out of one of […]

Failure to plead Montreal Convention means air passenger class action is out of time

Mark A. Glynn — Fri, 17 Mar 2023 20:25:46 +0000

In a second interlocutory decision of the British Columbia (BC) Supreme Court relating to an air passenger claim for delay, […]

Court of Appeal for Ontario Reiterates Narrow Application of Rule 21.01(1) for Limitations Issues

Barbara Grossman — Thu, 09 Mar 2023 17:29:00 +0000

Overview In Toussaint v. Canada (Attorney General), 2023 ONCA 117 (“Toussaint”), the Court of Appeal for Ontario determined that the motion […]

It’s the construction bond that binds… so long as equity agrees

Karen Groulx — Thu, 02 Mar 2023 20:00:31 +0000

Urban Mechanical Contracting Ltd. V. Zurich, 2022 ONCA 589 Rescission is an equitable remedy meant to return contracting parties to […]

Avoiding misconduct: Professionals must consider conflicting interests prior to joining organizations

Rose Carter — Thu, 23 Feb 2023 15:34:49 +0000

Wanglin v College of Acupuncturists of Alberta, 2023 ABCA 25 The appellant, Dr. Boxin Wanglin, is an acupuncturist regulated by […]

Overlapping proceedings causes consortium to lose carriage fight: A case comment on Buis v Keurig Canada Inc

Kelly Osaka — Fri, 10 Feb 2023 19:55:03 +0000

Buis v. Keurig Canada Inc, 2023 ONSC 87(Buis) highlights the factors courts will consider on carriage motions following the October […]

Alberta Court of Appeal clarifies stay applications pending appeal from administrative proceedings

Christy Lee — Wed, 01 Feb 2023 17:48:19 +0000

In Fawcett v College of Physicians and Surgeons of Alberta (Complaint Review Committee), 2022 ABCA 416 (Fawcett) and Tan v […]

Limitation of Actions With Respect to Claims of Professional Negligence Where Counsel’s Litigation Strategy is Impugned

Robert Kligman — Wed, 01 Feb 2023 17:25:00 +0000

A recent decision of the Court of Appeal for Ontario has filled an apparent gap in the case law, at […]

No notice? No claim! A primer on the importance of giving notice of claims under your construction contract

Karen Groulx — Tue, 17 Jan 2023 16:21:03 +0000

The 2021 decision of the Ontario Superior Court of Justice in Elite Construction Inc. v. Canada (Elite v Canada), emerged […]

No secret note passing – Alberta Court of Appeal confirms full disclosure in judicial review

Laurie Livingstone — Wed, 21 Dec 2022 17:07:11 +0000

In the recently released decision Normko Resources Inc. v. Alberta (Minister of Environment and Parks), the Alberta Court of Appeal […]

Ontario Court of Appeal holds that substance trumps form in concluding that financing agreement offended criminal rate of interest prohibition

Barbara Grossman — Tue, 20 Dec 2022 22:15:09 +0000

On November 25, 2022, Ontario’s Court of Appeal released a notable decision relating to the criminal interest provisions of the […]

Rectification: Alive and well in Alberta

Michael Sestito — Mon, 19 Dec 2022 21:33:18 +0000

A recent decision of the Alberta Court of King’s Bench applies the doctrine of rectification in a CCDC 2 Stipulated […]

Ontario appeals court confirms narrow appellate jurisdiction over arbitration awards

Mike Schafler — Fri, 16 Dec 2022 19:34:46 +0000

Introduction On December 13, 2022, the Court of Appeal for Ontario released a very important decision affecting the scope of […]

Ameliorative Efforts Will Not Delay Discovery Indefinitely

Ara Basmadjian — Thu, 15 Dec 2022 17:23:00 +0000

In Amelin Engineering Ltd. v. Blower Engineering Inc., 2022 ONCA 785 (“Amelin”), the Court of Appeal for Ontario held that, while […]

The Privilege of Self-Governance: Alberta Court of Appeal restricts awarding costs against members of regulated professions

Michael Sestito — Wed, 07 Dec 2022 18:26:32 +0000

In Jinnah v Alberta Dental Association and College, 2022 ABCA 336 (Jinnah), the Court of Appeal of Alberta (the Court) […]

Ontario Court of Appeal holds no intrusion upon seclusion for third-party data breaches in a trio of decisions

Chloe Snider — Wed, 07 Dec 2022 13:24:15 +0000

In a trio of decisions, the Ontario Court of Appeal (the Court),[1] has confirmed that the tort of intrusion upon […]

Privilege and the search for truth: The Supreme Court of Canada clarifies process and test for disclosure of Airplane black box in civil litigation in Canada (Transportation Safety Board) v. Carroll‑Byrne, 2022 SCC 48

Barbara Grossman — Tue, 06 Dec 2022 14:59:52 +0000

On November 25, 2022, the Supreme Court of Canada released its decision in the appeal brought by the Transportation Safety […]

Corporate Attribution and the Law of Limitations in the Bankruptcy Context – Limitations Law Blog

Robert Kligman — Tue, 29 Nov 2022 17:17:00 +0000

In Golden Oaks Enterprises Inc. v. Scott, 2022 ONCA 509, the Court of Appeal for Ontario dismissed an appeal (and allowed […]

Class actions are not a preferred procedure to recall programs: A case comment on Coles v. FCA Canada Inc.

Rabita Sharfuddin — Mon, 28 Nov 2022 16:25:30 +0000

Overview In the recent Ontario Superior Court of Justice decision, Coles v FCA Canada Inc., 2022 ONSC 5575 (Coles), the […]

The Court of Appeal for Ontario confirms test for extension of time to opt out of class proceedings: A review of Johnson v. Ontario

Matthew Fleming — Thu, 24 Nov 2022 18:33:31 +0000

In Johnson v. Ontario[1], the Court of Appeal for Ontario confirmed the test governing judicial discretion to extend the time […]

Petrowest: SCC affirms primacy of parties’ arbitration agreement, creates narrow exception for insolvencies

Mike Schafler — Thu, 10 Nov 2022 21:05:54 +0000

On November 10, 2022, the Supreme Court of Canada (SCC) released its highly anticipated decision in Peace River Hydro Partners […]

The Supreme Court of Canada clarifies that constructive taking does not require actual acquisition of property by the state

Mélanie Power — Fri, 04 Nov 2022 18:16:26 +0000

A “taking” is a forcible acquisition by the state of privately-owned property for public purposes. A taking can either be de […]

How long is too long? Alberta Court of King’s Bench dismisses action for delay

Sara Hart — Wed, 02 Nov 2022 19:16:58 +0000

In Condominium Corporation 052 0580 (o/a The Tradition at Southbrook) v Carrington Holdings Ltd, 2022 ABKB 623 (Carrington), Justice Mandziuk […]

Respondents’ cross-examination rights in securities enforcement proceedings: First Global Data Ltd (Re)

Brandon Barnes Trickett — Mon, 31 Oct 2022 17:15:24 +0000

The Ontario Capital Markets Tribunal (CMT) recently considered the limits to a respondent’s right to cross-examine another respondent in a […]

Class action privacy breach trial: How internal employee policies and early notification impact later litigation

Kelly Osaka — Thu, 27 Oct 2022 17:36:02 +0000

Although many privacy class actions have been filed in Canada over the last few years, the vast majority settle rather […]

Common law enforceability of ricochet judgments: The ONCA decision in HMB Holdings v Antigua

Chloe Snider — Wed, 26 Oct 2022 14:40:47 +0000

In September 2022, the Court of Appeal for Ontario (ONCA) released an important decision regarding the enforceability of “ricochet” judgments […]

A floodgate of correctness? The Supreme Court of Canada creates a new category of correctness in judicial review

Laurie Livingstone — Wed, 19 Oct 2022 15:33:46 +0000

Only three years after the Supreme Court of Canada (SCC) refashioned the standard of review in administrative law, the Court […]

Words, words, words … are not enough to constitute reasons. The Alberta Court of Appeal puts administrative decision makers on notice in recent judicial review case

Laurie Livingstone — Thu, 13 Oct 2022 19:12:01 +0000

In the recently released decision of Cavendish Farms Corporation v. Lethbridge (City)[1], the Alberta Court of Appeal allowed an appeal […]

La tricherie dans les sports électroniques et les jeux vidéo

Josh Dial — Thu, 29 Sep 2022 14:39:07 +0000

Depuis que les humains jouent à des jeux les uns contre les autres, certains font tout pour gagner : bâtons contenant […]

Cheating in e-sports and video games

Josh Dial — Tue, 20 Sep 2022 17:30:58 +0000

For as long as humans have played games against each other, some have done anything to win: cork-filled bats; greased […]

How one decision illustrates the importance of timely pre-hearing motions

Raphael Eghan — Thu, 01 Sep 2022 18:48:19 +0000

The Ontario Capital Markets Tribunal (CMT) recently released reasons for decision on a respondent’s motion in Stableview Asset Management Inc […]

If you don’t plead it, you can’t appeal it: Ontario Court of Appeal confirms you can’t raise new theory of defence on environmental contamination appeal

Dina Awad — Mon, 15 Aug 2022 20:08:04 +0000

On July 25, 2022, the Ontario Court of Appeal (the Court) released its decision in Sorbam Investments Ltd. v. Litwack, […]

Claims against auditors may survive liquidation plans under Saskatchewan’s Business Corporations Act

Christy Lee — Mon, 15 Aug 2022 14:21:36 +0000

The Saskatchewan Court of Appeal has recently ruled that a proposed class action against auditors for duties allegedly owed to […]

Sursis d’exécution accordé en partie : les sanctions imposées par l’Ordre des chiropraticiens du Québec étaient trop sévères

Alexandre Boileau — Wed, 10 Aug 2022 18:59:27 +0000

Dans l’affaire Leduc c. Ordre des chiropraticiens du Québec, 2022 QCCS 2263 (Leduc), la Cour supérieure du Québec a examiné […]

Application for a stay of execution granted in part due to severe sanctions imposed by the order of chiropractors of Québec

Alexandre Boileau — Wed, 10 Aug 2022 18:56:38 +0000

In the recent case of Leduc v. Ordre des chiropraticiens du Québec 2022 QCCS (Leduc), the Superior Court of Québec […]

The Alberta Court of Appeal highlights shortcomings of the Alberta Health Services’ policies for the granting of physicians’ hospital privileges: Harling v Lauf

Rose Carter — Wed, 27 Jul 2022 18:16:36 +0000

In Harling v Lauf, 2022 ABCA 226 (Harling), a deceased patient’s widower and estate appealed a trial decision dismissing their […]

Pas de délai de type Jordan pour les procédures administratives : La Cour suprême du Canada confirme qu’un « délai à lui seul » n’est pas suffisant pour arrêter des procédures en droit administratif

Michael Sestito — Fri, 22 Jul 2022 16:22:59 +0000

Dans l’affaire Law Society of Saskatchewan c. Abrametz, 2022 CSC 29 (l’affaire « Abrametz »), la Cour suprême du Canada a accueilli […]

Rebuck v Ford Motor Company: Ontario Court grants summary judgment dismissing certified false advertising class action related to fuel efficiency claims

Matthew Fleming — Thu, 21 Jul 2022 20:20:31 +0000

In Rebuck v Ford Motor Company[i], the Ontario Superior Court of Justice recently considered the issue of allegedly false or […]

Sim et al v Motion Specialties et al: The high threshold for confidentiality orders in product liability cases

Amer Pasalic — Wed, 20 Jul 2022 19:16:48 +0000

In Sim et al v Motion Specialties et al[i], the Ontario Superior Court of Justice considered a motion by a […]

A premature application for judicial review is litigation in instalments

Kate Millar — Tue, 19 Jul 2022 19:53:21 +0000

In the recent case of Fawcett v College of Physicians and Surgeons of Alberta, 2022 ABQB 452 (Fawcett), the Court […]

No Jordan-like time limits in administrative proceedings: Supreme Court upholds “Delay without more” is not enough in administrative law

Michael Sestito — Tue, 12 Jul 2022 16:24:47 +0000

In Abrametz v Law Society of Saskatchewan, 2022 SCC 29 (Abrametz), the Supreme Court of Canada allowed an appeal of […]

Les microtransactions dans les jeux vidéo ne sont pas (pour le moment) réglementées au Canada

Josh Dial — Tue, 05 Jul 2022 14:16:36 +0000

Les jeux vidéo sont aujourd’hui l’un des passe-temps les plus populaires au monde, et un passe-temps auquel s’adonnent des personnes […]

A trap for the unwary? Partial settlement agreements that change the adversarial landscape of the litigation must immediately be disclosed

Barbara Grossman — Mon, 04 Jul 2022 18:26:27 +0000

In a quadrilogy of recent decisions — Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66 (“Tallman”), Waxman […]

Video game microtransactions: Unregulated in Canada (so far)

Josh Dial — Tue, 28 Jun 2022 20:15:05 +0000

Video games have cemented themselves as one of the world’s preeminent personal pastimes, with interest spanning generations. A 2021 report […]

Flight Attendants’ Harassment Class Action Certified: An Update on the Preferable Procedure Analysis in Class Actions

Matthew Fleming — Tue, 21 Jun 2022 17:11:24 +0000

A case comment on Lewis v. WestJet Airlines Ltd, 2022 BCCA 145 The British Columbia Court of Appeal (BCCA) recently […]

Beware, lienholders! There’s only one pot of gold

Karen Groulx — Thu, 09 Jun 2022 18:33:23 +0000

Ontario decision clarifies the method of determining the extent of holdback priority in situations where there are multiple building mortgages. […]

Review bombing: Canadian court attaches liability to “campaign” of defamatory internet reviews

Josh Dial — Tue, 07 Jun 2022 19:51:58 +0000

New torts are vanishingly rare: it can take decades for Canadian courts to recognize new causes of action. But the […]

The Vancouver International Arbitration Centre announces new International Arbitration Rules

Rachel Howie — Tue, 31 May 2022 16:00:01 +0000

On May 4, 2022, the Vancouver International Arbitration Centre (VanIAC) announced the adoption of its new International Commercial Arbitration Rules […]

The Ontario Superior Court of Justice reaffirms that the statutory oppression remedy cannot be used to advance common wrongful dismissal claims

Chloe Snider — Mon, 30 May 2022 14:07:29 +0000

In a recent decision of the Ontario Superior Court of Justice, the Court reaffirmed that the statutory oppression remedy is […]

Guidance and clarification on appeal rights in the context of class actions – the Courts are here to stay

Radha Lamba — Wed, 25 May 2022 21:17:43 +0000

In Fanshawe College of Applied Arts and Technology v. Hitachi, Ltd.[1], the Ontario Court of Appeal provided guidance on appeal […]

Court of Appeal for Ontario Addresses the “Appropriate Means” Aspect of the Limitations Analysis

Robert Kligman — Wed, 04 May 2022 17:08:00 +0000

In a recent decision, the Court of Appeal for Ontario once again applied a liberal approach to the interpretation of […]

Key takeaways for Professionals and their Regulatory Bodies concerning procedural time limits

Michael Sestito — Mon, 02 May 2022 20:43:14 +0000

Can a professional regulatory body extend the time for conducting a hearing after the deadline has already expired? This issue […]

When Does a Claimant Know About Damages in a Solicitor’s Negligence Claim?

Ara Basmadjian — Mon, 25 Apr 2022 16:22:00 +0000

In Georgian Properties Corporation v. Robins Appleby LLP, 2022 ONCA 245, the Court of Appeal for Ontario confirmed that in a […]

A “reasonable general concern” – The proposed new standard for searching personal electronic devices at the border

Kate Wiltse — Mon, 25 Apr 2022 15:40:55 +0000

This blog post is an update to Raising expectations of privacy at the border – the search of personal electronic […]

Supreme Court of Canada refuses to hear appeal challenging zero tolerance rule for health care practitioners

Dina Awad — Thu, 21 Apr 2022 15:40:31 +0000

The Supreme Court of Canada recently dismissed a dental hygienist’s request for leave to appeal from a decision revoking his […]

Claims of false allegations serve as an important reminder to professional disciplinary bodies: The case of Walia v. College of Veterinarians of Ontario

Christy Lee — Thu, 21 Apr 2022 15:07:52 +0000

A recent case in Ontario, in which leave to appeal was denied by the Supreme Court of Canada, is a […]

The fine line: Adding particulars to an existing complaint vs bringing forward an entirely new complaint

Katherine Martin — Thu, 21 Apr 2022 15:06:20 +0000

Can a hearing tribunal permit a complaints director to add new allegations to a notice of hearing during a hearing? […]

Damages and liability in professional negligence actions: The case of Ashraf v Zinner

Michael Sestito — Thu, 21 Apr 2022 15:03:29 +0000

Lawyers owe their clients a duty to take reasonable care to avoid conduct that poses an unreasonable risk of harm. […]

Ontario Divisional Court overturns certification of claim for intrusion upon seclusion: Review of Stewart v Demme

Chloe Snider — Tue, 19 Apr 2022 15:05:14 +0000

The tort of intrusion upon seclusion is commonly pled as a cause of action in privacy class actions – increasingly […]

No Second Round in the Ring on Limitation Issue

Ara Basmadjian — Mon, 18 Apr 2022 16:20:00 +0000

In Taylor v. Mayes, 2022 ONCA 297, the Court of Appeal for Ontario held that a motion judge can make a […]

The Limitations Act, 2002 Does Not Distinguish Between Meritorious and Non-Meritorious Claims

Ara Basmadjian — Thu, 14 Apr 2022 16:19:00 +0000

In Andrews v. Pattison, 2022 ONCA 267 (“Andrews”), the Court of Appeal for Ontario upheld the decision of the motion judge […]

BC Court upholds high bar to public policy defence in enforcing foreign arbitral awards in Enrroxs Energy and Mining Group v Saddad

Chloe Snider — Tue, 12 Apr 2022 16:36:32 +0000

On February 24, 2022, in Enrroxs Energy and Mining Group v Saddad, 2022 BCSC 285 (Enrroxs), the Supreme Court of […]

Significant development in the recognition and enforcement of foreign judgments in Canada: The case of Lanfer v Eilers

Chloe Snider — Wed, 06 Apr 2022 17:06:12 +0000

On March 3, 2022, the Supreme Court of Canada granted leave to appeal from the British Columbia Court of Appeal’s […]

Increasing skepticism towards the certification of privacy-related class actions: Review of Chow v Facebook

Luca Lucarini — Wed, 30 Mar 2022 18:59:09 +0000

Class action lawsuits based on data breaches or alleged misuse of personal information continue to be a major feature of […]

A Limitation Period is Not Automatically Extended Until Professional Advice is Obtained

Ara Basmadjian — Thu, 24 Mar 2022 16:16:00 +0000

Introduction In Fryday v. Pilot Insurance, 2021 ONSC 8150 (“Fryday”), the Ontario Superior Court of Justice summarily dismissed an action, which […]

Ontario litigators, dust off your robes (but don’t uninstall Zoom)! The Superior Court of Justice announces guidelines for the presumptive mode of attendance

Dragana Cerovina — Wed, 23 Mar 2022 21:11:31 +0000

In March 2020, the Superior Court of Justice (SCJ) suspended all in-person hearings in response to the COVID-19 pandemic. For […]

Not so fast! Court of Queen’s Bench of Alberta rules that the administrative disciplinary process ought not be bypassed

Michael Sestito — Wed, 16 Mar 2022 15:55:08 +0000

In the recent decision of Goodwin v Alberta College and Association of Chiropractors, 2022 ABQB 177 (Goodwin), the Court of […]

How one environment-based class action is challenging the path for plaintiffs

Tom O'Leary — Wed, 23 Feb 2022 21:09:22 +0000

Environmentally-based class action proceedings have been steadily on the rise. Many of these cases are based in tort law and […]

Ontario Court of Appeal Upholds Judgment Finding that Limitation Period for Arbitration of Issues Relating to Corporate Dispute Had Not Expired

Robert Kligman — Wed, 16 Feb 2022 16:14:00 +0000

Maisonneuve v. Clark, 2022 ONCA 113 (“Clark”) concerned the application of s. 5(1)(a)(iv) of the Limitations Act, 2002, SO 2002, c […]

No Due Diligence, No Problem: Ontario Court Applies Misnomer in Personal Injury Claim

Ara Basmadjian — Mon, 14 Feb 2022 16:12:00 +0000

Overview In Zenchyshyn v. Peel Condominium Corporation No. 7, 2021 ONSC 6727 (“Zenchyshyn”), the Ontario Superior Court of Justice allowed the […]

Trends to watch in tort liability for 2022: BC Supreme Court confirms private entities can rely on statutory authority as a shield to tort claims brought by Aboriginal rights holders

Morgan Camley, KC — Wed, 09 Feb 2022 18:31:18 +0000

The BC Supreme Court recently confirmed that third-party proponents can be held liable for torts affecting a First Nations’ established […]

Divisional Court Summarizes the Key Principles in a Misnomer Analysis

Ara Basmadjian — Tue, 01 Feb 2022 16:10:00 +0000

Introduction In Dealer’s Choice Preferred Collision Centre Inc. v. Kircher, 2021 ONSC 8261 (“Kircher”), the Divisional Court upheld the decision of […]

Ontario Superior Court Confirms Hacked Companies are not “Intruding” on Anyone’s Seclusion

Mike Schafler — Mon, 31 Jan 2022 21:57:38 +0000

In Winder v Marriott International Inc. , the Ontario Superior Court of Justice has recently confirmed that a hacked company is not […]

Overlapping class actions: To stay or not to stay?

Radha Lamba — Wed, 12 Jan 2022 18:59:48 +0000

In Kirsh v. Bristol-Myers Squibb[1], the Court provided guidance on situations where two national class actions seeking the same or […]

Wine not use a competitor’s trademark to promote your own lower-priced alternative?

Jennifer McKay — Thu, 23 Dec 2021 21:49:14 +0000

Québec’s Court of Appeal held that the use of third party trademarks in comparative advertising is permissible in appropriate circumstances […]

Supreme Court of Canada provides insight for drafting and interpreting releases in Corner Brook (City) v. Bailey

Michael Sestito — Wed, 08 Dec 2021 16:42:14 +0000

The Supreme Court of Canada (SCC) has recently provided key insight into the interpretation of releases in Corner Brook (City) […]

Recent Ontario Court decision confirms presumption on pre-certification motions sequencing: Implications for class actions

A.J. Freedman — Mon, 15 Nov 2021 17:16:41 +0000

In Dufault v. Toronto Dominion Bank, 2021 ONSC 6223 (“Dufault“), a recent Ontario Superior Court of Justice decision, the Court […]

Intrusion upon seclusion is not concerned with dissemination: No privacy breach where lawfully obtained information used to terminate employee

Sasha Coutu — Fri, 12 Nov 2021 14:11:40 +0000

In Wakeling v. Desjardins General Insurance, the Ontario Court of Appeal upheld the Ontario Superior Court’s decision to strike a claim […]

Climate Change Litigation and Disclosure Requirements: Recent Developments in Canada

Kelly Osaka — Tue, 09 Nov 2021 19:36:42 +0000

The effects of climate change continue to impact international and domestic organizations through regulation and litigation risk. This year saw […]

The Trend Towards New Privacy Torts – Alberta Weighs In

Kelly Osaka — Fri, 15 Oct 2021 19:57:37 +0000

As private lives are increasingly digitized, Canadian courts continue to expand their recognition of common law privacy torts. The latest […]

CONTEXT, CONTEXT, CONTEXT: Commercial forum selection clauses and the importance of surrounding circumstances

Theresa Cesareo — Fri, 08 Oct 2021 19:43:48 +0000

In the decision of Loan Away Inc. v. Facebook Canada Ltd.[1], the Ontario Court of Appeal upheld the enforceability of […]

All in the family (business): Abuse of process by re-litigation in commercial and estates proceedings

Kathryn McCulloch — Tue, 21 Sep 2021 16:20:28 +0000

In Ntakos Estate v Ntakos[1], Justice Schabas of the Ontario Superior Court heard various motions for summary judgment and dismissal […]

Ontario Superior Court of Justice Amends Issue Date of Statement of Claim after Failure of Duty by Court Staff

Ara Basmadjian — Wed, 15 Sep 2021 16:08:00 +0000

In Patkaciunas v. Economical Mutual Insurance Company, 2021 ONSC 5945 (“Patkaciunas”), the Ontario Superior Court of Justice held that it has […]

OSC Guidance on assessment and investigation cooperation

Kelly Osaka — Wed, 08 Sep 2021 18:46:02 +0000

The Ontario Securities Commission (OSC) has recently released a Staff Notice, OSC Staff Notice 15-707 Enforcement Branch Enforcement Investigation Guidance, […]

Civil Procedure and Practice in Ontario, 2021

Ara Basmadjian — Tue, 07 Sep 2021 16:07:00 +0000

Civil Procedure and Practice in Ontario, 2021 is your guide to Ontario’s Rules of Civil Procedure, RRO 1990, Reg 194, Courts of Justice […]

If you die a rich person, have you failed?

Kate Millar — Tue, 31 Aug 2021 18:33:22 +0000

Recently the James Bond actor, Daniel Craig, made headlines when he declared that inheritances are “distasteful” and noted that he […]

Court of Appeal for Ontario Summarizes Key Principles in the Appropriate Means Analysis

Ara Basmadjian — Tue, 31 Aug 2021 16:06:00 +0000

Overview In Dass v. Kay, 2021 ONCA 565 (“Dass”), the Court of Appeal for Ontario confirmed the proper interpretation of section […]

Expanding options for efficiency: UNCITRAL’s Expedited Arbitration Rules

Rachel Howie — Mon, 16 Aug 2021 15:09:26 +0000

Over last few years, several arbitration institutions have adopted expedited rules or procedures that provide parties with an option for […]

Supreme Court of Canada Addresses Discoverability in New Brunswick’s Limitation of Actions Act

Mark G. Evans — Wed, 04 Aug 2021 16:03:00 +0000

Overview In Grant Thornton LLP v. New Brunswick, 2021 SCC 31 (“Grant Thornton”), the Supreme Court of Canada held that a claim […]

Sequencing shake up in British Columbia

Matthew Fleming — Thu, 22 Jul 2021 13:17:04 +0000

Introduction In British Columbia v. The Jean Coutu Group (PJC) Inc.(the Appeal), the British Columbia Court of Appeal (the BCCA) […]

New Developments on the oppression remedy and bad faith

Kelly Osaka — Wed, 07 Jul 2021 15:32:38 +0000

Haack v Secure Energy (Drilling Services) Inc., 2021 ABQB 82 The duty of honest contractual performance and the oppression remedy […]

A Statute-Barred Claim is Not a Provable Claim in Bankruptcy

Ara Basmadjian — Fri, 02 Jul 2021 16:02:00 +0000

In John Trevor Eyton (Re), 2021 ONSC 3646 (“Eyton II”), Justice Dunphy determined that while a claim that is statute-barred under […]

Acknowledgments of Indebtedness in a Digital World

Ara Basmadjian — Wed, 23 Jun 2021 16:00:00 +0000

Section 13(1) of the Limitations Act, 2002, SO 2002, c 24, Sch B (the “Act”) provides for the extension of the […]

Privacy, please? The Supreme Court of Canada says, “No, we’ve got open courts!”

Kate Millar — Thu, 17 Jun 2021 21:07:19 +0000

In the recent case of Sherman Estate v. Donovan, 2021 SCC 25, the Supreme Court of Canada considered whether a […]

Commercial Arbitration Appeals – The Leave to Appeal Hurdle

Jasmine Der — Fri, 04 Jun 2021 16:54:58 +0000

The Vancouver Litigation & Dispute Resolution Group recently succeeded in having an application for leave to appeal a commercial arbitration […]

The use and limits of Mutual Legal Assistance Treaties: A case study in Canada and the United Kingdom

Anthony J. Cole — Thu, 27 May 2021 17:45:45 +0000

Mutual Legal Assistance Treaties (MLATs) are one of the most important tools available to law enforcement agencies conducting international investigations. […]

The role of expert evidence in professional negligence

Katherine Martin — Thu, 20 May 2021 18:10:43 +0000

Negligence is a legal theory by which a person may be held legally responsible for injury or loss to another […]

Probate application process made easier for “Small Estates” by Ontario’s Smart and Stronger Justice Act

Kathryn McCulloch — Wed, 28 Apr 2021 20:04:20 +0000

The recently enacted Smarter and Stronger Justice Act (the Act) streamlines the process to obtain a certificate of appointment (also […]

The Evolving Impact of Vavilov on Commercial Arbitration

Rachel Howie — Tue, 20 Apr 2021 20:39:53 +0000

In Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, (Vavilov) the Supreme Court of Canada (“SCC”) set […]

Heidari v Naghshbandi: Ontario Court of Appeal Clarifies When Security for Costs of an Appeal is Appropriate

Amer Pasalic — Tue, 13 Apr 2021 20:04:29 +0000

In Heidari v Naghshbandi,[1] the Court of Appeal for Ontario canvassed the governing principles relevant to a motion to obtain […]

For better or worse, the interpretation of contracts is still a thing!

Josh Dial — Wed, 07 Apr 2021 20:28:18 +0000

For better or worse, the Supreme Court of Canada’s Sattva decision (Sattva Capital Corp v Creston Moly Corp, 2014 SCC […]

Limitations Defences Must be Pleaded and Argued

Ara Basmadjian — Thu, 01 Apr 2021 15:57:00 +0000

In Hayward v. Hayward, 2021 ONCA 175 (“Hayward”), the Court of Appeal for Ontario provided a reminder of the established principle […]

Be careful what you admit: Ontario Court of Appeal rules on Requests to Admit

Meredith Bacal — Thu, 01 Apr 2021 14:23:29 +0000

When used properly, a Request to Admit is a powerful strategic tool for litigants. Rule 51.02(1) of the Rules of […]

The Supreme Court of Canada finds the Greenhouse Gas Pollution Pricing Act constitutional

Gord Tarnowsky — Fri, 26 Mar 2021 19:44:11 +0000

After having been reviewed by three appellate courts, the Supreme Court of Canada has now had its opportunity to resolve […]

Is it constitutional? A primer on the discord between provincial appellate courts on the constitutionality of the Greenhouse gas pollution pricing act

Gord Tarnowsky — Wed, 24 Mar 2021 15:02:42 +0000

The Supreme Court of Canada is expected to release its long awaited opinion regarding the constitutionality of the federal Greenhouse […]

The Updates Continue: The 2020 IBA Rules on the Taking of Evidence in International Arbitration

Emily McMurtry — Thu, 04 Mar 2021 10:10:00 +0000

Like many other rules and guides in international arbitration, the IBA Rules on the Taking of Evidence in International Arbitration […]

The Tragically Hip v. Mill Street Brewery: A Long Time Running

Norm Emblem — Wed, 03 Mar 2021 13:57:00 +0000

A battle between two quintessential Canadian brands has finally found its way into court. On February 9, 2021, the Canadian […]

No Obligation to Sue a John Doe or Jane Doe

Ara Basmadjian — Sat, 27 Feb 2021 15:45:00 +0000

Theralase Technologies Inc. v. Lanter, 2021 ONSC 943 (“Theralase”) is an Internet defamation case that contains a small, but noteworthy, […]

Partial Summary Judgment (Almost) Dead in Ontario

Mike Schafler — Wed, 24 Feb 2021 14:34:23 +0000

In our last post , we wrote about the December 10, 2020 decision of the Court of Appeal in Malik v […]

Court of Appeal for Ontario Addresses Actual and Constructive Knowledge of Claims for Contribution and Indemnity

Ara Basmadjian — Wed, 17 Feb 2021 15:25:00 +0000

Overview In Albert Bloom Limited v. London Transit Commission, 2021 ONCA 74 (“Bloom“), the Court of Appeal for Ontario confirmed that […]

Malik v Attia: Ontario Court of Appeal further restricts partial summary judgment

Mike Schafler — Tue, 02 Feb 2021 13:56:52 +0000

The Ontario Court of Appeal recently provided further guidance – and arguably established a higher threshold – as to when […]

Raising expectations of privacy at the border – the search of personal electronic devices

Kate Wiltse — Tue, 12 Jan 2021 13:44:01 +0000

Corporate electronic devices may be protected – strong passwords, two-factor authentication, facial recognition – but is your company’s private data actually safe from inspection while employees are travelling to and from Canada?

Amendment to Occupiers’ Liability Act Creates 60 Day Notice Requirement

Ara Basmadjian — Thu, 07 Jan 2021 15:21:00 +0000

Bill 118, the Occupiers’ Liability Amendment Act, 2020, SO 2020, c 33, received royal assent on December 8, 2020 and creates […]

Supreme Court of Canada expands on the duty of good faith: C.M. Callow Inc. v. Zollinger

Chloe Snider — Tue, 05 Jan 2021 10:45:00 +0000

In C.M. Callow Inc. v Zollinger, 2020 SCC 45 (CM Callow), the Supreme Court of Canada expanded on the scope […]

No compensable harm, no certification: The Ontario Superior Court decision of Maginnis and Magnaye v. FCA Canada et al.

Matthew Fleming — Thu, 17 Dec 2020 18:03:55 +0000

. . . In its recent decision in Maginnis and Magnaye v. FCA Canada et al. (“Maginnis”), the Ontario Superior […]

Avoiding the empty bag: How we get our clients paid

Renée Brosseau — Mon, 14 Dec 2020 15:56:57 +0000

Helping clients litigate their disputes is at the heart of what we do as commercial litigators. An important aspect of […]

Modernizing the Rules of Civil Procedure, keeping up with the new normal

Dragana Cerovina — Thu, 10 Dec 2020 22:06:58 +0000

Since the onset of the COVID-19 Pandemic (Pandemic), the courts, counsel, and litigants have pivoted to address our “new normal”. […]

The Fact that a Named Plaintiff Has No Legal Status Does Not Justify Correcting an Alleged Misnomer

Ara Basmadjian — Thu, 10 Dec 2020 15:19:00 +0000

Overview In Dealer’s Choice Preferred Collision Centre Inc. v. Kircher, 2020 ONSC 7557 (“Kircher”), the Ontario Superior Court of Justice confirmed […]

HMB Holdings v Antigua: Supreme Court grants leave in case that will impact foreign judgment enforcement

Chloe Snider — Wed, 09 Dec 2020 14:55:56 +0000

On November 12, 2020, the Supreme Court of Canada granted leave to appeal in HMB Holdings Limited v Antigua and […]

Subsequent Discovery of the Severity of Injuries Will Not Extend the Limitation Period

Ara Basmadjian — Fri, 04 Dec 2020 15:17:00 +0000

Overview In Baig v. Mississauga, 2020 ONCA 697 (“Baig”), the Court of Appeal for Ontario confirmed that knowledge of the material […]

Using music in your business? Copyright fees proposed to increase

Margot Patterson — Thu, 26 Nov 2020 16:38:26 +0000

Copyright tariffs in a nutshell Businesses in Canada that use music require authorization by copyright owners to do so lawfully. […]