Corporate and Commercial Disputes Corporate and Commercial Disputes

Supreme Court of Canada clarifies the remedy of rectification in Canadian tax cases

On December 9, 2016, the Supreme Court of Canada released two much-awaited decisions in Fairmont and in PJC that clarified the scope of the remedy...

Harle v. 101090442 Saskatchewan Ltd: Clarifying the Scope of a Trial Court’s Jurisdiction on Remitted Issues

The Saskatchewan Court of Appeal in Harle v. 101090442 Saskatchewan Ltd. clarified the scope of the trial court’s jurisdiction in hearing new...

Supreme Court of Canada confirms robust protection of solicitor-client and litigation privilege

The Supreme Court of Canada recently released two significant decisions on solicitor-client privilege and litigation privilege that confirm and...

Richmond Hill (Town) v Elginbay Corporation: Statutory Uncertainty Required for Deference to Tribunal

In its decision in Richmond Hill (Town) v Elginbay Corporation, 2016 ONSC 5560 the Ontario Divisional Court noted that in order for a tribunal’s...

Boston Pizza v Registrar, Alcohol and Gaming: Standard of review applicable to decision of the License Appeal Tribunal is reasonableness

The Divisional Court’s decision in  2193145 Ontario Inc. o/a Boston Pizza v Registrar, Alcohol and Gaming, 2016 ONSC 3552 clarifies that the...

Ledcor Construction Limited v Northbridge Indemnity Insurance Company: the SCC revisits Sattva on standard of review for contractual interpretation

While initially heralded as a transformative for the law of contractual interpretation and appellate intervention, the legacy of Sattva Capital Corp...

Sorila v. Chan: Standard of Appellate Review not a matter of “directions”

In Sorila v. Chan, the British Columbia Court of Appeal held that it was inappropriate for the standard of review to be determined by way of...

Law Society of Upper Canada v. Kivisto: Final v. Interlocutory Analysis Varies Between Civil and Regulatory Proceedings

In its decision in Law Society of Upper Canada v. Kivisto, 2016 ONSC 1400 the Ontario Divisional Court explained that because of the differences...

Runkle v Alberta (Chief Firearms Officer): mootness is alive and well

In its decision in Runkle v. Alberta (Chief Firearms Officer), the Alberta Court of Appeal dismissed an appeal from the Court of Queen's Bench on the...

Lin v. Rock: Pending Motion to the SCC for Reconsideration of Leave does not Constitute and Appeal nor Prevent Courts from Making Decisions Affecting Parties

In its decision in Lin v. Rock, 2016 ONSC 1638 the Ontario Divisional Court confirmed that a pending a motion to the Supreme Court of Canada for...