Ranjan K. Agarwal

Ranjan K. Agarwal

Bennett Jones LLP

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Have a Contract in Canada? Your Class Action Risk is Greater Than You May Think

Non-Canadian companies: welcome to the Canadian class action party. In recent years, Canadians have increasingly begun to recognize and actively manage the major business risk posed by class actions, as more and more...more

7/19/2016 - Canada Car Dealerships Class Action Contract Disputes Corporate Counsel Foreign Corporations General Motors Jurisdiction Third-Party Liability

Your Right to a Speedy Trial? It May Now Be a Right to a Trial in 18 Months or Less

It’s tough for any of us to think of a high profile criminal or regulatory case that could be described as “speedy”. The whole country followed the murder trial of Mark Smich and Delen Millard, who were recently convicted of...more

7/14/2016 - Canada Convictions Speedy Trial Act Supreme Court of Canada

Cha-Ching: The High Cost of Failing to Remedy Workplace Discrimination

Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism. Though Ailes denies the allegations, the trial will be closely followed, both because of the...more

7/12/2016 - Canada Compensatory Damages Disability Discrimination Employer Liability Issues Harassment Human Rights Tribunals OHSA Punitive Damages Race Discrimination Sexual Harassment Wrongful Termination

How Rude! Incivility and the Groia Appeal

That loud whirring you heard earlier this week? It was the sound of Ontario’s 50,000 (or so) lawyers collectively printing the 169-page, 445-paragraph decision in Groia v The Law Society of Upper Canada. The case has been...more

6/16/2016 - Canada Disciplinary Proceedings Ontario Securities Act Professional Misconduct Sanctions

The State of Umbrella Damages in Canadian Antitrust Litigation

Judges in Ontario and B.C. have reached different decisions on whether cartel members may be liable for umbrella pricing. These two cases of first impression may be headed for the Supreme Court of Canada. ...more

5/31/2016 - Antitrust Investigations Canada Cartels Competition Act Corporate Counsel Lithium Batteries

Ontario Court Upholds Limitations on Liability for Misrepresentations Contained in Take-Over Bid Circulars

In a decision released on July 30, 2015, the Ontario Superior Court of Justice has clarified that plaintiffs seeking to advance claims under section 131(1) of the Securities Act (Ontario) alleging misrepresentation in a...more

8/10/2015 - Canada Mining Misrepresentation Offering Documents Ontario Securities Act Putative Class Actions Rescission

Supreme Court of Canada Clarifies Boundaries Between Provincial and Federal Courts

Robert Strickland and five other applicants sought to challenge the Federal Child Support Guidelines as unlawful. They argue that the Guidelines are not authorized by the Divorce Act. Unfortunately, this important issue,...more

7/15/2015 - Canada Child Support Divorce Exclusive Jurisdiction Jurisdiction Supreme Court of Canada

Do Federal Employees Have a ‘Right to a Job’? The Supreme Court to Decide

The Supreme Court of Canada granted leave to appeal in Wilson v Atomic Energy of Canada Ltd. Federally regulated employers hoping that this important decision from the Federal Court of Appeal was the final word on the law of...more

7/14/2015 - Employer Liability Issues Hiring & Firing Labour Code Public Employees Public Employers Supreme Court of Canada Termination Unions

Adverse Costs in Pro Bono Litigation: the SCC Weighs In

Réjean Hinse was wrongfully imprisoned for 15 years for a crime he didn’t commit. Though he was granted parole, he was only acquitted after 30 years and a successful appeal to the Supreme Court of Canada. Hinse sued the...more

6/23/2015 - Appeals Attorney's Fees Canada Fee Awards Pro Bono Wrongful Conviction

Ontario Superior Court Awards Damages for Family Status Discrimination

Justice Healy’s January 2015 decision in Patridge v Botony Dental Corporation is likely to be on many lists of top human rights law decisions already decided this year. Besides awarding damages under the Human Rights Code,...more

5/1/2015 - Canada Discrimination Family Status Accommodation Family Status Discrimination Human Rights Code

Ontario Judges May Sit on National Class Actions Outside Ontario

The Ontario Court of Appeal, in a split decision, has held that a judge of Ontario’s Superior Court of Justice, acting as a supervisory judge under a national class action settlement agreement, can participate in a joint...more

3/24/2015 - Canada Class Action Judges

Supreme Court of Canada Releases Landmark Decision on Assisted Suicide

On Friday, the Supreme Court of Canada released its landmark end-of-life decision in Carter v Canada (Attorney General). The Court unanimously held that the prohibition on aiding or abetting a person to commit suicide in the...more

2/11/2015 - Assisted Suicide Canada Physician-Assisted Suicide Supreme Court of Canada

The Test for Uncivil Conduct in Litigation

The Divisional Court released its reasons respecting the Law Society of Upper Canada’s disciplinary proceeding against Joseph Groia on February 2, 2015. The Divisional Court upheld the Law Society Hearing Panel and Appeal...more

2/10/2015 - Attorney Misconduct

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

In a precedent setting case, the Supreme Court of Canada has: (1) recognized good faith as a "general organizing principle" of Canadian contract law; and (2) recognized a new duty of "honest performance", which requires...more

11/26/2014 - Canada Contract Formation Good Faith SCC

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

Flying is a No-Rights Zone: Supreme Court of Canada Dismisses Language Rights Claim

Plaintiffs cannot bring a claim for damages for a breach of fundamental rights against an airline if that breach arose in the course of international travel. Simply put, international flying is a “no-rights zone” between...more

11/4/2014 - Airlines Canada Damages SCC

Supreme Court of Canada Grants Civil Plaintiffs Access to Competition Bureau Wiretaps

Canadian civil plaintiffs can now access wiretaps collected by authorities in the context of criminal investigations. The issue of access arose in the aftermath of the Competition Bureau’s octane investigation. Between 2004...more

10/21/2014 - Class Action Criminal Prosecution Oil & Gas Price-Fixing SCC Wiretapping

Court of Appeal Denies Certification in Another Misclassification Overtime Class Action

In the latest installment in a series of recent employment class actions, the Court of Appeal for Ontario has dismissed an appeal by class action plaintiffs in Brown v Canadian Imperial Bank of Commerce. The decision...more

10/9/2014 - Canada Class Action Class Certification Employee Rights Misclassification Over-Time Unpaid Overtime

Ontario Divisional Court Upholds Controversial Award of the Ontario Human Rights Tribunal

In Hamilton-Wentworth District School Board v Fair, the Ontario Divisional Court upheld two noteworthy decisions of the Ontario Human Rights Tribunal. In the Tribunal’s first decision, it found that the Hamilton-Wentworth...more

10/7/2014 - Canada Disability Disability Discrimination Human Rights Termination

Supreme Court Grants Leave to Appeal in Securities Class Actions

The Supreme Court of Canada announced today that it will hear appeals in a trilogy of Ontario securities class action cases: Green v. CIBC, Silver v. IMAX and Celestica v. Millwright Regional Council of Ontario Pension Trust...more

8/8/2014 - Appeals Canada Class Action Securities Litigation

Mandatory Retirement in Professional Services Firms

On May 22, 2014, the Supreme Court of Canada released its decision in McCormick v Fasken Martineau DuMoulin LLP. The Court found that John McCormick, an equity partner in Faskens, was not an employee for the purposes of the...more

5/23/2014 - Canada Equity Investors Partnership Agreements Partnerships Professional Services Companies Retirement

Human Rights Damages on the Rise?

In the Report of the Ontario Human Rights Review 2012, Andrew Pinto recommended that the Human Rights Tribunal of Ontario “reconsider its current approach to general damages awards in cases where discrimination is proven. The...more

2/20/2014 - Canada Discrimination Human Rights

Common Employers in Class Actions

In mid-December, Justice Paul Perell released an interesting decision involving wage claims made by post-doctoral fellows at Sunnybrook Hospital (Pasian v Academic Clinicians’ Management Services, 2013 ONSC 7787)....more

2/13/2014 - Canada Class Action Healthcare Wage and Hour

Federal Hate Speech Prohibition Has Nine Lives

On January 31, 2014, the Federal Court of Appeal held in Lemire v Canadian Human Rights Commission that the hate speech prohibition in the Canadian Human Rights Act is constitutional. This decision comes on the heels of the...more

2/11/2014 - Canada Hate Speech SCC

Supreme Court Narrows the Tort of Unlawful Interference with Economic Relations

Canadian courts have long struggled with the tort of unlawful interference with economic relations. This struggle has generated significant ambiguity in the case law—even the tort’s name was unsettled. However, on January 31,...more

2/7/2014 - Canada SCC Tortious Interference

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