Corporate and Commercial Disputes Corporate and Commercial Disputes

Consumer data: Lessons learned from the security incident trenches

All businesses that collect and maintain consumer data are facing a rapidly evolving and sophisticated array of security threats to their data...

Consumer class actions: The polyurethane foam settlement

In consumer class action settlements, it is quite common for the defendant to pay a fixed amount to a settlement fund, and the class plaintiffs to...

Young v Noble: Newfoundland and Labrador Court of Appeal clarifies powers of a provincial appeal court to grant leave to appeal to the Supreme Court of Canada

In Young v. Noble, 2017 NLCA 48, the Newfoundland and Labrador Court of Appeal clarified the significant, but rarely exercised, power of a provincial...

Canadian government eliminates facilitation payments exclusion in the Corruption of Foreign Public Officials Act

As of October 31, 2017, facilitation payments will no longer be excluded from the bribery offence under Canada’s Corruption of Foreign Public...

Salewski v. Lalonde: Characterizing an order as final or interlocutory where limitations periods were argued

In Salewski v. Lalonde, the Court of Appeal for Ontario held that an order dismissing a motion to strike a claim based in part on limitations periods...

Mars Canada Inc. v. Bemco Cash & Carry Inc.: No Appeal to the Divisional Court from order where reference directed on damages

In Mars Canada Inc. v Bemco Cash & Carry Inc., the Ontario Divisional Court held that it did not have jurisdiction to hear an appeal where the...

R. v. P.G.: Court of Appeal for Ontario holds that Crown must explicitly invoke curative proviso

In R. v. P.G., the Court of Appeal for Ontario held that the Crown must explicitly invoke the curative proviso in subparagraph 686(1)(b)(iii) of the...

Supreme Court of Canada confirms the validity of perpetual contracts

In a ruling dated July 28, 2017, a majority of the Supreme Court of Canada affirmed the validity of perpetual contracts in Québec law.

Recent amendments to the Ontario rules of appellate practice

Amendments to the Ontario Rules of Civil Procedure came into effect on July 1, 2017. In addition to a number of technical amendments and amendments...

Biancaniello v. DMCT LLP: Interpretation of negotiated contract reviewed on a correctness standard because appeal raised question of public importance

In Biancaniello v. DMCT LLP, the Court of Appeal for Ontario applied the correctness standard of review on an appeal involving the interpretation of...