Corporate and Commercial Disputes Corporate and Commercial Disputes

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.

Court refuses to enforce ‘all-but-inaccessible’ arbitration agreement for crypto trading platform

A recent Ontario Superior Court decision found an arbitration agreement embedded in a standard form “click” contract to be unconscionable...

Canada emerging as a powerhouse in the global EV supply chain

Ambitious goals to decarbonize the economy, combined with global geopolitical dynamics.

A tempest of change: impact of climate-related litigation and regulation

It was a year of significant change for climate-related litigation and regulation in 2023. The volume of climate litigation increased significantly...

A robust protection: maintaining solicitor-client privilege

Solicitor-client privilege is a cornerstone of our legal system. Not only is it a legal and civil right, it is also a principle of fundamental...

Québec class actions: strong evidence required on the merits

A recent Superior Court of Québec judgment reminds plaintiffs of the need to present strong evidence of prohibited practices to obtain a favourable...