Mary Paterson

Mary Paterson

Osler, Hoskin & Harcourt LLP

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Latest Publications


Class Actions and Consumer Product Settlements: The Proof is in (Receipt For) the Pudding

Consumers don’t keep their receipts. This poses a unique challenge in consumer product class actions, especially when parties seek the Court’s approval of a settlement that requires a receipt as proof of purchase. And if the...more

10/17/2014 - Affidavits Canada Class Action Class Members False Advertising Food Labeling Food Manufacturers Settlement Skinnygirl Margarita

Supreme Court of Canada Limits the Right to Appeal Commercial Arbitral Decisions on Issues of Contractual Interpretation

In Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 (Sattva), released August 1, 2014, the Supreme Court of Canada overturned the historical approach and held that contractual interpretation involves questions of mixed...more

8/6/2014 - Appeals Arbitration Arbitration Agreements Canada Contract Interpretation SCC

Springdale Pizza: Eleven Decisions on Disclosure, Rescission and Damages (and Counting)

Essential Facts - The plaintiffs purchased a franchise from an existing franchisee in October 2008 for $220,000. The plaintiffs began operating the franchise before signing various agreements with the franchisor in...more

5/8/2014 - Damages Disclosure Rescission Restaurant Industry

Supreme Court Clarifies “Unlawful Means” Requirement in Tort of Unlawful Interference with Economic Relations

On January 31, 2014, the Supreme Court of Canada released its unanimous decision in A.I. Enterprises Ltd. v. Bram Enterprises Ltd., clarifying and narrowing the common law tort of unlawful interference with economic relations...more

2/3/2014 - Canada SCC Tortious Interference

The Supreme Court of Canada Seeks to Improve Access to Justice through Expanded Summary Judgment Motions

The Supreme Court of Canada has released its much anticipated decision dealing with summary judgment motions. In a welcome outcome, the Court has lowered the bar for obtaining summary judgments, such that many parties and the...more

1/28/2014 - Canada SCC Summary Judgment

Franchise Review - Oct 2013: Best Practices

Tips on Drafting Arbitration Clauses - Resolving a dispute through arbitration can be faster, cheaper and more confidential than doing so through litigation. If the arbitration clause is not properly drafted, however,...more

10/15/2013 - Arbitration Arbitration Agreements Canada Franchise Agreements Franchises

Court of Appeal Overturns Pet Valu Decision: Class Members Can Openly Debate Opting Out Without Invalidating Opt-Out Period

The Ontario Court of Appeal, in reversing a controversial decision that re-opened the opt-out period in a certified class action, has confirmed that class members have “an unassailable right to speak out in opposition to the...more

5/7/2013 - Canada Class Action Class Certification Opt-Outs

Ontario Courts Cannot Validate Foreign Service of Claims Where the Hague Convention Applies

The Ontario Court of Appeal recently confirmed that foreign states can hinder a plaintiff from serving a foreign defendant if that defendant resides in a country that is a member of the Hague Convention on the Service Abroad...more

4/12/2013 - Canada Foreign Service of Claims Hague Convention Service Proceedings

Franchising in Ontario - April 2013

Zwaniga v. Johnvince Foods: A Warning Against Improperly Naming Defendants as “Franchisor’s Associates” - In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a...more

4/9/2013 - Canada Class Action Defamation Distributors Franchise Agreements Franchises Franchisor's Associates Joint and Several Liability Misrepresentation

Federal Court of Appeal Rules that Class Proceedings under the Competition Act Can Be Stayed on the Basis of an Arbitration Clause

The Federal Court of Appeal recently issued an important ruling in respect of the application of arbitration clauses to private actions and class proceedings involving claims of anti-competitive conduct under the Competition...more

3/6/2013 - Arbitration Class Action Competition Act Jurisdiction

Conflicting Results from Ontario Appellate Courts in Motions to Strike Claims in Proposed Class Actions

Ontario’s appellate courts have released two decisions in the past week addressing the issue of when claims ought to be struck in the context of proposed class proceedings for failing to disclose a cause of action. First, a...more

2/28/2013 - AstraZeneca Class Action Class Certification Motion To Strike Sun Life Assurance Company of Canada

When can Environmental Regulatory Orders be Compromised Claims under the Companies’ Creditors Arrangement Act? Supreme Court of...

Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67 - In its decision released on December 7, 2012, the Supreme Court of Canada held that claims in respect of provincial environmental clean-up orders can be...more

12/12/2012 - Environmental Remediation Costs The Companies' Creditors Arrangement Act

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