Disputes Disputes

Skip the arbitration: mandatory arbitration clause in standard-form contract found unconscionable

In Pokornik v. SkipTheDishes Restaurant Services Inc, the Manitoba Court of Appeal has held that the arbitration clause in a standard form...

Ontario Capital Markets Tribunal clarifies considerations for a private placement in the face of an unsolicited takeover bid in Aimia

The OSC has provided helpful guidance in assessing whether a private placement undertaken in the face of a take-over bid is an improper defensive...

Compliance is starting to break the bank — it doesn’t have to

On February 21, 2024, LexisNexis Risk Solutions published its True Cost of Financial Crime Compliance Study, reporting on the results of a global...

‘Lacuna matata’: should we worry about a gap in B.C.’s domestic arbitration scheme?

The British Columbia Court of Appeal has found a gap in the province’s arbitration system that affects dispute deficiencies and appeals.

Del Giudice dismissed: Court of Appeal shows how the certification ‘cause of action’ component can be used to end meritless claims

In a recent decision, the Court of Appeal for Ontario reaffirmed that the cause of action component of the certification test is intended to be a...

OSC settles allegations relating to cryptocurrency tokens

In a first, Ontario’s Capital Markets Tribunal has approved a settlement agreement related to the promotion and sale of cryptocurrency tokens....

‘Phoenix’ litigation: can a class action dismissed for delay be resurrected?

A growing number of proposed class actions have been dismissed for delay since a new provision of the Ontario Class Proceedings Act was introduced in...

Duty of procedural fairness that would be owed to witnesses in issuing summonses under the Securities Act is minimal

A recent British Columbia Court of Appeal decision confirmed that, amongst the very limited avenues that witnesses have to challenge a regulatory...

Law 25: a new enforcement scheme for protection of personal information in the private sector in Québec

On September 22, 2023, the majority of the amendments to the Québec privacy legislation introduced in the Act to modernize legislative...

ESG and shareholder activism: key tips for issuers

Shareholder activism is on the rise in Canada. Investors are closely monitoring environmental, social and governance (ESG) related disclosure,...