Last Friday, the Supreme Court of Canada ("SCC") released Dell Computer Corp. v Union des consommateurs, [2007] 2 SCR 801 [Dell], a major case which has implications on topics ranging from private international law to the ability of arbitrators to rule on the extent of their own jurisdictions. More notably, released alongside its companion case, Rogers […]
Both the majority and dissent in two cases on arbitration clauses that came out of the Supreme Court of Canada ("SCC") on Friday, July 13 make statements in obiter to the effect that the class action is not a public order institution of Canadian law. Ironically, when the Dell Computer Corp. v Union des consommateurs, [2007] […]
Last week, the Supreme Court released its decision in Double N Earthmovers Ltd v Edmonton (City), 2007 SCC 3. In that case, the SCC had the opportunity to review the law governing the tender process. Many law students fondly remember learning about the cases of Ron Engineering and M.J.B. Enterprises in first year contracts. Learning […]
The Supreme Court handed down a judgment today in Double N Earthmovers Ltd v Edmonton (City), 2007 SCC 3. In a 5-4 decision (Abella and Rothstein JJ. writing, LeBel, Deschamps and Fish JJ. concurring / Charron J. writing dissenting reasons, McLachlin C.J. and Bastarache and Binnie JJ. concurring), the Court dismissed the appeal. The SCC […]