Corporate and Commercial Disputes Corporate and Commercial Disputes

Choice of Law for Arbitration Agreements: A Case Comment on Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb, [2020] UKSC 38

A recent decision of the U.K. Supreme Court may help clarify which law governs an arbitration clause in a commercial contract when the...

The Supreme Court of Canada upholds the constitutionality of federal carbon pricing legislation

On March 25, 2021, the Supreme Court of Canada released its much-anticipated decision, upholding the constitutionality of the Greenhouse Gas...

“Minimal role” for appellate courts reviewing case management orders

As the Court of Appeal for Ontario recently confirmed in Louis v. Poitras, 2021 ONCA 49, discretionary case management orders attract deference on...

Key decisions in 2020 impacting hospital privileges and the conduct of administrative proceedings

As we enter another year of unique challenges for hospitals and health care organizations, we review below key decisions made in 2020 which impact...

Wastech and discretion: The Supreme Court of Canada on the duty to exercise contractual discretion in good faith

In Wastech, the SCC sought to clarify the scope of the duty to exercise contractual discretionary powers in good faith previously recognized in...

Ontario Superior Court recognizes new cause of action addressing internet harassment

In Caplan v. Atas (Caplan), Justice Corbett took the extraordinary step of recognizing a new common law tort of internet harassment in response to an...