Corporate and Commercial Disputes Corporate and Commercial Disputes

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 decision on a dispute about disclosure practices.

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.

Materiality in insider trading: recent insights from the Québec Financial Markets Administrative Tribunal

What threshold must a proposed transaction meet to be classified as material non-public information?

Refund programs as a defence against class action authorizations: an update by the Québec Court of Appeal

Recent years have seen a rise in refund programs in Québec, which are sometimes used as a proactive, strategic defence against class actions.

Québec Court of Appeal underscores the evolving nature of environmental standards in transactions

Decision highlights the importance of considering the evolving nature of applicable environmental standards or criteria.

The OSC’s new proposal to distribute funds from disgorgement orders to harmed investors

The Ontario Securities Commission (OSC) has published proposed rules that outline the procedure the OSC and harmed investors must follow for the...

Ontario Court of Appeal confirms duty to provide honest reasons for termination

A recent Ontario Court of Appeal decision elaborated on the longstanding theory that employers owe a duty of honest performance upon termination....