In January 2019, the Supreme Court of Canada (“SCC”), will be hearing an appeal of Araya v Nevsun, 2017 BCCA 401 [Nevsun], which involves a group of Eritrean plaintiffs who filed a claim for damages at the Supreme Court of British Columbia (“BCSC”) against Nevsun Resources Ltd. (“Nevsun”), a Canadian mining company based in Vancouver, for gross […]
On December 20, 2017, the Supreme Court of Canada (the “Court”) released Deloitte & Touche v Livent Inc., 2017 SCC 63 [Livent], a decision in which the Court refined the framework for analyzing a defendant’s duty of care in cases of negligent misrepresentation of performance of a service. This decision has far-reaching consequences for auditors, […]
On October 17, 2017, the Ontario Court of Appeal (“ONCA”) released Airia Brands Inc v Air Canada, 2017 ONCA 792 [Airia], an important decision in which the ONCA clarified and restated the test for determining when Ontario courts can assume jurisdiction over class actions involving absent foreign claimants. This decision provided much-needed clarity on the […]
On July 13, 2017, the Supreme Court of Canada released Wilson v Alharayeri, 2017 SCC 39 [Wilson], in which it unanimously reaffirmed that a corporation’s directors, as opposed to the corporation, may be personally liable in an oppressive action. This provided much-needed clarity on the scope of potential personal liability of directors and officers under […]
This is the first of a two-part post outlining the constitutional issues in R v Gerard Comeau, an interprovincial trade case to be heard by the Supreme Court of Canada on 6 - 7 December 2017. In anticipation of the hearing, the posts offer a brief overview and analysis of the constitutional issues likely to be […]
This is the second of a two-part post outlining the constitutional issues in R v Gerard Comeau, an interprovincial trade case to be heard by the Supreme Court of Canada on 6 - 7 December 2017. In anticipation of the hearing, the posts offer a brief overview and analysis of the constitutional issues likely to be raised. Part […]
On June 28, 2017, the Supreme Court of Canada released Google Inc v Equustek Solutions Inc, 2017 SCC 34 [Google] which granted a worldwide interlocutory injunction against Google Inc. (“Google”), ordering it to remove a company’s website from its global search engines. The Court’s decision in Equustek provides new tools to intellectual property owners to […]
On December 6th, 2016, the Supreme Court of Canada (“SCC”) heard the case of Google v Equustek. The SCC is being tasked with defining the legal obligations of online intermediaries such as Google. In coming up with these definitions, the SCC must also answer difficult questions surrounding the regulation of illegality on the internet – […]
The oppression remedy empowers shareholders in commercial disputes by giving legal effect to their reasonable expectations of. A claim in s.241 of the Canada Business Corporations Act, RSC 1985, c C-44 [CBCA] is premised on a personal right of the shareholders. An oppression claim can be brought in a number of circumstances, including by a […]
Controversy surrounding new provincial legislation in British Columbia to curb foreign investment in the housing market and talks of similar measures for Ontario have kept all eyes on the red-hot housing markets across Canada. Furthermore, new federal mandates will take effect starting October 17, 2016 for the purchasing of homes, which will likely cause further […]