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Contracts

The Clash of the Beer Titans

Much to the disappointment of Canadians, hockey does not really find its way into the news in the middle of summer. However, earlier in July, a decision was handed down by the Ontario Court of Appeal that answers a question of national importance: whose beer advertisements will dominate hockey ads? The lawsuit pit two of […]

Lunchtime Price Gouging: A Possible Sandwich Conspiracy? Quizno's v 2038724 Ontario Ltd

This past summer, the Ontario Court of Appeal released their judgment on Quizno's Canada Restaurant Corporation v 2038724 Ontario Ltd, 2010 ONCA 466, which had a significant importance for those interested in Canadian class action suits. This decision marks the first time the Ontario Court of Appeal has certified a competition class action, and should be […]

This Student is not Just a Number: The Ontario Court of Appeal Recognizes Jurisdiction Over Academic Disputes in Jaffer v York University

Every student has, at one point or another, wondered what may happen if they find themselves entangled in a dispute with their educational institution.  For one York University student, that musing became reality after a dispute with the university wound up before the Ontario Court of Appeal in Jaffer v York University, 2010 ONCA 654.  […]

Contingency Fee Agreement Subject to the Discretion of the Court, as per Atlas

On October 1st, 2009, the Ontario Court of Appeal released its judgment in Sutts, Strosberg LLP v. Atlas Cold Storage Holdings Inc., 2009 ONCA 690. The significance of this case lies in its status as one of the few securities class actions in Canada. One counsel submitted that this “was the third largest securities class […]

For Richer or Poorer: Duty to Disclose in Separation Contracts

On February 19th, the Supreme Court of Canada ("SCC") released its decision in Rick v Brandsema, 2009 SCC 10 [Rick], in which it clarifies some issues arising out of an earlier SCC decision, Miglin v Miglin, [2003] 1 SCR 303 [Miglin].

CN Rail v Royal and Sun Alliance: Faulty Insurance Not Faulty Design

On Friday November 21, 2008 the Supreme Court of Canada ("SCC") released its 4-3 judgment awarding the appellants $30 million in Canadian National Railway Co v Royal and Sun Alliance Insurance Co of Canada, [2008] 3 SCR 453. This case involved a 14-year dispute between Canadian National Railway Co. ("CNR") and its group of property […]

Tercon Heads For Supreme Court Showdown

The Supreme Court of Canada ("SCC") recently granted leave to appeal in Tercon Contractors Ltd v British Columbia (Transportation and Highways), 2007 BCCA 592 [Tercon]. The British Columbia Court of Appeal’s ("BCCA") controversial decision in Tercon raises a fundamental question: If the courts take a “hands-off” approach to tendering infractions, who will protect the integrity of the bidding […]

Re Metcalfe and Mansfield Alternative Investments II Corp.: Can a CCAA plan contain a release of claims against third-party financial institutions?

On September 2, 2008, various holders of Asset Back Commercial Paper notes, sought leave to appeal to the Supreme Court of Canada in Metcalfe & Mansfield Alternative Investments II Corp, (Re), 2008 ONCA 587 [Metcalfe]. following the Ontario Court of Appeal’s approval of a Plan of Compromise and Agreement, which takes away the ABCP holders’ rights […]