Disputes Disputes

No set aside for constructive fraud under Ontario’s Arbitration Act

“Fraud” in the Arbitration Act is limited to the common law definition and does not include the broader concept of constructive fraud.

Warkentin: Ontario decision clarifies distinction between a corporation’s employee and controlling mind

It is important for companies to obtain signed releases from workers in the context of company sale purchases.

Crypto, competence-competence, and the courts: analyzing the Ontario Court of Appeal’s decision in Lochan v. Binance

Ontario Court of Appeal provides guidance on competence-competence principle and enforceability of arbitration clauses in standard-form contracts.

Supreme Court clarifies standard of review for challenges to subordinate legislation

The Court held that the same flexible standard of review for administrative decisions applies to challenges to regulations.

Osler Privacy Jurisprudence Review – Third Edition – Fall 2024

Comprised of case summaries accompanied by expert commentary, the Privacy Jurisprudence Review will help readers identify and understand emerging...

Québec seeks to amend Consumer Protection Act and related regulations to increase price and credit transparency

Québec’s Bill 72, if adopted, will contribute to increased price and credit transparency.

Waiving goodbye to your arbitration agreement: the pitfalls of seeking substantive relief from a court

A recent decision of the Court of Appeal for Ontario highlights the implications of seeking substantive relief from a court with respect to the...

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

In a recent decision dealing with groundwater contamination at a shopping centre, the Québec Court of Appeal highlighted the importance of...

Settlement surprise: Québec courts reject class action settlements

In recent months, Québec courts have demonstrated a rigorous approach to the approval of class action settlements, underscoring their commitment to...