Corporate and Commercial Disputes Corporate and Commercial Disputes

$125-million pharmaceutical damages award undone by hearsay rule

The Court questioned Teva’s ability to supply the market due to its reliance on inadmissible hearsay evidence. The judgment is expected to have...

Kadiri v. Harikumar: The Importance of Choosing the Appropriate Venue for an Appeal

In Kadiri v. Harikumar, 2016 ONSC 330 the Ontario Divisional Court ruled that the Kruzick J. of the Ontario Superior Court of Justice correctly...

R v. Lacasse: Supreme Court of Canada Confirms Limited Role of Courts of Appeal to Intervene in Criminal Sentences

In criminal matters, sentencing ranges are established to indicate the maximum and minimum sentences that have been imposed for a particular crime....

Three Ontario Court of Appeal Decisions Hold Standard Form Insurance Contracts are to be Reviewed on Correctness Standard

Contract law was forever changed in Canada as a result of the Supreme Court’s 2014 decision in Sattva Capital Corp. v. Creston Moly Corp. As we...

Ninety-nine problems (continued): Supreme Court of Canada denies leave to appeal Ontario Court of Appeal’s decision in Midwest Properties Ltd. v. Thordarson

On May 26, 2016, the Supreme Court of Canada denied leave to appeal the decision of the Ontario Court of Appeal in Midwest Properties Ltd. v....

British Columbia (Police Complaint Commissioner) v The Abbotsford Police Department: Determining Whether an Appeal is Civil or Criminal in Nature

The British Columbia Court of Appeal in British Columbia (Police Complaint Commissioner) v The Abbotsford Police Department, quashed an appeal of an...

Mardonet v. BDO Canada LLP: Orders Quashing Summons to Parties are Interlocutory and not Final

The Ontario Court of Appeal in Mardonet v. BPO Canada LLP determined that a motions judge’s order quashing a summons to a party is interlocutory,...

Alberta Court of Queen’s Bench confirms the Regulatory Regime is a complete code that applies to all oil and gas resources on offshore and frontier lands

The Alberta Court of Queen’s Bench released Geophysical Service Incorporated v Encana Corporation on April 20, following a common issues trial...

Ontario Securities Commission narrows private party standing for public interest applications in contested transactions: The Corus Entertainment decision

In the Matter of the Catalyst Capital Group Inc. and In the Matter of Corus Entertainment Inc., the OSC determined not to grant standing to The...

AE Hospitality Ltd v George: Requirements of Test for Leave to Appeal Under Rule 62.02(4)

AE Hospitality Ltd v George, 2015 ONSC 7370 dealt with the test for granting leave to appeal under Rule 62.02(4) of the Ontario Rules of Civil...