Disclosure of forensic experts’ findings in data breach class action results in waiver of privilege

A recent decision in a data breach class action highlights potential challenges in maintaining privilege over reports prepared by third party...

200 tips in two years: The continued progress of the OSC’s Whistleblower Program

On June 29, 2018, the Ontario Securities Commission (“OSC”) released an update detailing the progress of its Whistleblower Program. As we...

Ontario Court of Appeal reaffirms principles of contractual interpretation in upholding a termination clause

In its latest decision on the enforceability of termination clauses in employment contracts, the Ontario Court of Appeal recently released reasons...

Confronting cultures of harassment: Class actions on the rise in the wake of #MeToo?

The last year has seen a swell of class actions alleging bullying, harassment and other systemic misconduct in the workplace. Mostly recently, on...

Only the clearest release will stop a class action : Superior Court of Québec authorizes class action by former employees against Air Canada

On May 15, 2018, the Superior Court of Québec rendered judgment in Mc Mullen v. Air Canada, authorizing a class action against the airline by former...

CSA announces harmonized approach toward client focused reforms and policy on embedded commissions

The Canadian Securities Administrators recently announced a comprehensive, harmonized approach for addressing investor protection concerns regarding...

Ontario Court introduces cy-près requirement as condition of class fee approval

In Welsh v Ontario, Justice Perell asserted the court’s role in ensuring that class counsel’s fees are fair and reasonable in light of...

Inbound M&A: What directors need to know

Osler, in conjunction with the Institute of Corporate Directors (ICD) prepared a survey of director views on M&A, which was then sent to the ICD...

Québec Superior Court interprets exclusivity clause in shopping mall lease narrowly against franchisor

In Second Cup Ltd. c. 8702934 Canada inc. (Café Vasanti), 2018 QCCS 2064, the Superior Court of Québec narrowly interpreted an exclusivity clause...

New GST/HST rules for carbon emission allowances

On June 27, 2018, the Department of Finance released new GST/HST rules for carbon emission allowances (the New Rules).