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Corporate Law

Livent v Deloitte: Has the Fat Lady Finally Sung?

The Executives of Livent were masters of live performance. Known for producing popular shows such as The Phantom of the Opera and Show Boat, they never thought their own escapades would play out in the media as a protracted drama with a final act orchestrated by the highest court in Ontario.

A National Precedent for Securities Regulation in Theratechnologies: An Uncommon Phenomenon In Canada

It’s not often that nation-wide securities judgments are issued in Canada. Securities regulation in Canada is polycentric in nature, such that each province is governed by its own legislation and securities commission. The Supreme Court of Canada (“SCC”) decision of Theratechnologies Inc. v 121851 Canada Inc., 2015 SCC 18, [Thera] is interesting because – although […]

What R v Big M Drug Mart Can Teach the US Supreme Court about Corporate Religious Freedom

Late last year, the United States Supreme Court agreed to hear two cases challenging the constitutionality of the Patient Protection and Affordable Care Act’s (“Obamacare”) contraception mandate, with oral arguments to take place in March. At issue in Sebelius v Hobby Lobby Stores, Inc. [Hobby Lobby] and Conestoga Wood Specialties Corp. v Sebelius [Conestoga Wood], which will be consolidated […]

Banking for Federalism: SCC to hear Appeal in Bank of Montreal (BMO) v Marcotte

Banque de Montréal v Marcotte, 2012 QCCA 1396 [Marcotte, QCCA] is part of a trilogy of cases (Federation des Caisses Desjardins du Quebec v Marcotte, 2014 SCC 57, and Amex Bank of Canada v Adams, 2014 SCC 56) that question the banks’ role in society. All three of them will be heard at the Supreme Court of Canada ("SCC") in […]

The Criminal Code and Industrial Accidents: R v Metron Construction and the Ghosts of Westray

etucker 9.2720 Normal 0 Deaths due to occupational causes outnumber homicides in Canada by about two to one. Many of these deaths stem from negligence, and critics charge that enforcement measures are lax. In a major departure, a record fine for corporate criminal negligence was imposed in R v Metron Construction Corporation, 2013 ONCA 541, after four Toronto […]

Risky Business: Ontario Court Imposes Vicarious Liability in Choc v. Hudbay Minerals Inc. for the Torts of a Foreign Subsidiary

Catherine Healy-Varley 9.2720 Normal 0            Mining in its various forms is one of the industries in which Canada is a world leader.  Canadian owned companies have a presence in many developing countries.   These operations often carry high risks of both environmental harm and human rights abuses, and therefore tort law related to their actions […]

Blue Line Hockey Acquisition v Orca Bay Hockey: A Shutout for Partnerships

Attention all hockey fans! The British Columbia Court of Appeal ("BCCA") recently released a decision involving the Vancouver Canucks, a team in the National Hockey League. Blue Line Hockey Acquisition Co, Inc v Orca Bay Hockey Limited Partnership, 2009 BCCA 34, looks at the nature of a partnership in the context of one’s purchase of […]