Corporate and Commercial Disputes Corporate and Commercial Disputes

Regulation by enforcement: who pays the price?

Who should bear the costs of Ontario Securities Commission enforcement proceedings is emerging as an important issue.

Product liability: tipping the scales against industry

Product liability in Canada is evolving, with increasing government intervention likely in 2025 and beyond.

Department of Finance seeks consultation by December 30 on changes to Canada’s AML regime

The consultation period for the proposed new amendments closes on December 30, 2024.

Arbitrator’s objective duty to disclose under UNCITRAL Model Law does not require consideration of parties’ subjective expectations

Parties should take care in choosing a legal regime to govern arbitration in their agreements.

Supreme Court clarifies standard of review for challenges to subordinate legislation

The Court held that the same flexible standard of review for administrative decisions applies to challenges to regulations.

Supreme Court of Canada demonstrates flexibility of corporate attribution in the bankruptcy and insolvency context

The corporate attribution doctrine is refined to ensure that it does not undermine the policy of bankruptcy and insolvency legislation.

Ontario court scrutinizes employer’s termination provisions, failure to assist employee’s job search

A recent Ontario court decision encourages employers to draft employment agreements using the exact language of the ESA.

A Paramount dismissal — ONCA dismisses appeal of Premium Host Inc. v. Paramount Franchise Group, 2023 ONSC 1507

The Ontario Court of Appeal has released its much anticipated decision on a dispute about disclosure practices in Paramount Franchise Group’s grant...

Québec insider trading decision discusses transactional certainty for the materiality criterion

The Financial Markets Administrative Tribunal considered insider trading allegations around a proposed takeover of a Canadian energy company.

Aggressive enforcement by securities regulators continues

A recent decision of the Supreme Court of British Columbia granted a Mareva injunction, freezing the assets of the defendant. The required...