The contentious issue of severability clauses within the realm of employment law rears its head again in North v Metaswitch Networks Corporation, (Superior Court File # CV-16-2485-00, Ontario Court of Appeal File # C62624) [North], a case recently argued before the Ontario Court of Appeal (“ONCA”). A past review by TheCourt.ca of a pertinent case […]
In its most recent decision, Sabean v Portage La Prairie Mutual Insurance Co, 2017 SCC 7 [Sabean], the Supreme Court of Canada (“SCC”) interprets whether the Canada Pension Plan (“CPP”) is a “policy of insurance providing disability benefits” within the meaning of certain insurance contract clauses. The case involves the interpretation of a Nova Scotia excess insurance policy, the SEF […]
The Supreme Court of Canada (“SCC”) has recently delivered two companion judgments, Canada (Attorney General) v Fairmont Hotels Inc., 2016 SCC 56 [Fairmont] and Jean Coutu Group (PJC) Inc. v Canada (Attorney General), 2016 SCC 55 [Jean Coutu], that substantially restrict the availability of the rectification remedy in Canada.
The case of Styles v Alberta Investment Management Corporation, 2017 ABCA 1, [Styles], began with the termination of the respondent without cause. The question in this case was: what sort of compensation is the respondent entitled to under his employment contract? At first glance, this case may seem like it falls squarely in the realm […]
Judgment creditors across Canada…Here ye, here ye! On November 17, 2016, the Supreme Court of Canada was presented with a weighty opportunity to determine how Canada’s federal privacy law, Personal Information Protection and Electronic Documents Act ("PIPEDA"), could affect judgment creditors and mortgagees. In its long-awaited decision, the unanimous Court delivered a practical, balanced, and sound […]
On November 4th, the Supreme Court of Canada (“SCC”) heard oral submissions in the case of Douez v Facebook [Douez]. The appellant, Ms. Douez, sought to overturn an unanimous decision of the BC Court of Appeal (2015 BCCA 279) to stay a proposed class action against Facebook on the basis of a forum selection clause […]
In 2009, fully oblivious to the housing market collapse in the United States, I thought it a good idea to get into the Toronto condo market. With down payment money borrowed from my parents, I signed an Agreement of Purchase and Sale in a development project that promised to create a whole new neighbourhood on […]
Lafortune v Financière agricole du Québec, 2016 SCC 35, is a recent decision by the Supreme Court of Canada directly impacting Québec’s farming industry. The decision affirms La Financière Agricole du Québec’s (“La Financière”) administration of a farm income program known as the Programme d’assurance stabilisation des revenus agricoles (“ASRA Program”), concluding that such program […]
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 […]
Canadians routinely open bank accounts, take out loans, sign insurance, and wireless agreements. To facilitate these daily processes, companies often use standard form contracts. You do not need legal training to realize that such contracts are “take it or leave it” prepositions. However, for a business such as a construction company signing an insurance policy, […]