Derek Bell

Derek Bell

Bennett Jones LLP

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New Good-Faith Duty of Honesty in Contractual Performance Recognized by Supreme Court of Canada

A new duty of honest performance has been imposed on all Canadian contracts by the Supreme Court of Canada. The notion of a general and independent doctrine of good faith performance of contracts has historically been...more

11/14/2014 - Canada Contract Disputes Good Faith

A Second Opinion on Fairness Opinions in Commercial Arrangements - Champion Iron Called Into Question by Bear Lake and Royal...

Decisions on corporate plans of arrangement tend to be of two varieties. Most are fairly straightforward decisions, where the applicant proves that it complied with the interim order already issued by the court, shows that a...more

6/11/2014 - Canada Fairness Hearings Schemes of Arrangement Shareholder Litigation Shareholders

Sino-Forest: More Lessons as a Chapter Closes

On March 13, 2014 the Supreme Court of Canada dismissed applications for leave to appeal by a group of alleged former institutional shareholders of Sino-Forest Corporation. These institutions unsuccessfully sought leave to...more

3/18/2014 - Canada CCAA Commercial Bankruptcy SCC Shareholder Litigation Shareholders

Shareholders Have an Absolute Right to an Auditor and to Audited Financial Statements - Financial Hardship is Irrelevant, Says...

In a decision released on January 29, 2014, the B.C. Court of Appeal ruled that companies incorporated under the Canada Business Corporations Act must, by operation of law, appoint an auditor, and thereafter produce annual...more

3/6/2014 - Audits Shareholder Litigation Shareholder Rights Shareholders

Court of Appeal Addresses Outstanding Issues in Securities Class Actions - Green v Canadian Imperial Bank of Commerce

Ontario's statutory regime for secondary market liability came into effect in 2006 as a result of amendments to the Securities Act (Ontario) (the OSA), creating a statutory cause of action for deficient market disclosure....more

2/10/2014 - Canada Class Action Leave of Court Negligent Misrepresentation Ontario Securities Act Secondary Markets Securities

York University, Religious Accommodation, and the Absence of Bright Lines

York University caused much controversy earlier this month by agreeing that a male student was not required to meet with female class members in connection with a group project. While the male student’s reason for the request...more

1/17/2014 - Canada Educational Institutions Freedom of Religion Online Courses Public Schools Reasonable Accommodation Religious Discrimination Sex Discrimination

Do You Issue Loans for Less than $5000? The Ontario Government Wants to Call you a Payday Lender

Businesses that issue loans to customers for $5,000 or less should be aware that the Ontario Ministry of Consumer Services (MCS) is proposing an amendment to the regulations under the Payday Loans Act, 2008 which, read...more

9/6/2013 - Canada Loans Payday Loans Proposed Regulation Registration

Anti-SLAPP Legislation Introduced in Ontario

Anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation has once again been introduced in Ontario. Now known as Bill 83, the draft Protection of Public Participation Act, 2013 received its first reading last...more

6/11/2013 - Anti-SLAPP Canada Defamation Non-Moving Parties Proposed Legislation Summary Judgment

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