Corporate and Commercial Disputes Corporate and Commercial Disputes

Del Giudice dismissed: Court of Appeal shows how the certification ‘cause of action’ component can be used to end meritless claims

In a recent decision, the Court of Appeal for Ontario reaffirmed that the cause of action component of the certification test is intended to be a...

‘Phoenix’ litigation: can a class action dismissed for delay be resurrected?

A growing number of proposed class actions have been dismissed for delay since a new provision of the Ontario Class Proceedings Act was introduced in...

When is a settlement a settlement?

Many lawsuits settle before they ever get to trial. But what happens when the parties disagree on whether a settlement agreement has actually been...

What cloud platforms, social media sites and other ‘Internet intermediaries’ need to know about B.C.’s new Intimate Images Protection Act and Regulation

On January 29, 2024, the Intimate Images Protection Act (the Act) and Intimate Images Protection Regulation (the Regulation) will come into force in...

Duty of procedural fairness that would be owed to witnesses in issuing summonses under the Securities Act is minimal

A recent British Columbia Court of Appeal decision confirmed that, amongst the very limited avenues that witnesses have to challenge a regulatory...

Section 192 CBCA plans of arrangement – latest insights on virtual securityholder meetings and the solvency requirement

Plans of arrangement are an important, flexible tool for businesses to undertake various corporate transactions. We examine recent developments...

Court of Appeal addresses class action pleading standard for a breach of fiduciary duty claim

A recent Court of Appeal for Ontario finding demonstrates why the pleadings requirement of a class certification test can be a difficult standard to...

No do-over for NAFTA arbitration: Ontario court refuses to set aside award for procedural unfairness or bias

A recent Ontario Superior Court decision affirms that the burden on a party asserting procedural unfairness is high.

B.C. Court of Appeal lowers the bar for dismissal for delay

A recent British Columbia Court of Appeal decision revisited a decades-old test for dismissing an action for want of prosecution, and could give B.C....

Regulation of ‘forever chemicals’ (PFAS) in Canada

The federal government recently announced its intention to designate PFAS as a class of toxic substances under CEPA.