Le 1er juillet 2020, l’Accord Canada-États-Unis-Mexique (appelé « ACEUM » au Canada et « USMCA » aux États-Unis) remplacera l’Accord de libre-échange nord-américain (« ALENA »), ce qui entraînera des changements importants...more
INTRODUCTION -
On July 1, 2020, the Canada-United States-Mexico Agreement (CUSMA) will replace the North American Free Trade Agreement (NAFTA), ushering in significant changes for cross-border investors in North America....more
As part of our quarterly series on current trends across different industries, our second article for 2019 explores litigation developments in Canada, outlining the impact on business and the potential ramifications of recent...more
7/24/2019
/ Arbitration ,
Canada ,
Complex Litigation ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contractors ,
Corporate Crimes ,
Financial Products ,
Institutional Investors ,
Investors ,
Mandatory Arbitration ,
Remediation ,
Retail Investors ,
Subcontractors
The Supreme Court of British Columbia (Court) has clarified the potential application of Canada’s prohibition against charging criminal interest to arm’s-length commercial lending transactions that include mechanisms to...more
In its May 18, 2018 decision, Rosas v. Toca (Rosas), the British Columbia Court of Appeal (Court of Appeal) permitted a contract to be varied without the exchange of fresh consideration. If adopted more broadly, Rosas may...more
In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is...more
In its recent decision in Hunt v. The Owners, Strata Plan LMS 2556, the British Columbia Court of Appeal (BCCA) held that private communications between an arbitration panel and only one party to the arbitration can give rise...more
On April 9, 2018, the Government of British Columbia introduced Bill 11, International Commercial Arbitration Amendment Act, to amend the International Commercial Arbitration Act (ICAA), which has been in effect since 1996....more
The British Columbia Supreme Court has recently granted leave to appeal from an arbitrator’s award that applied a broad notion of the doctrine of good faith in the performance of a contract. As the court noted, the issues...more
In 2014, the B.C. Supreme Court ordered Google Inc. (Google) and Google Canada Corporation (Google Canada) to remove all of a company’s websites from its search results. As we noted in our June 2014 Blakes Bulletin: Can’t...more
In Lockwood Financial Ltd. v. China Blue Chemical Ltd., the British Columbia Supreme Court (BCSC) ruled that it does not have the territorial jurisdiction to order a foreign company to give documentary evidence in a...more