Osler, Hoskin & Harcourt LLP

100 King Street West, 1 First Canadian Place Suite 6100, P.O. Box 50
Toronto, ON M5X 1B8, Canada

  • 416.362.2111
  • 416.862.6666

Ontario Court Of Appeal Upholds Finding of Breach of Fiduciary Duty Respecting Executive Compensation

The Ontario Court of Appeal recently upheld a trial court decision which concluded that the CEO, who was also a director, breached his fiduciary duty to the corporation when the directors of Unique Broadband Systems, Inc…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Business Torts

Alberta Energy Regulator to Take Charge of Environmental Impact Assessments for Energy Resource Activities

On March 29, 2014, the Alberta Energy Regulator (AER) became the entity responsible for issuing approvals pursuant to the Environmental Protection and Enhancement Act (EPEA) for energy projects. However, the authority to direct…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Henderson v. Henderson: Motion for Extension of Time to Perfect Appeal Dismissed Due to Appeal Being Brought in Wrong Court

On a motion for an extension of time to perfect an appeal in the Ontario Court of Appeal, a judge is without jurisdiction to conclusively determine that the appeal was brought in the wrong Court due to being interlocutory…more
| Civil Procedure, Family Law

Mask v. Silvercorp Metals, Inc: Leave to Appeal Dismissed in Class Action Context, Despite a Novel Issue in Law

On August 11, 2014, Justice Perell, sitting in the Ontario Divisional Court, released a decision in Mask v. Silvercorp Metals, Inc. addressing the test for leave to appeal an interlocutory order in a proposed class action, to…more
| Civil Procedure

Alberta’s New Target Benefit Regime

Alberta is moving forward with sweeping pension reforms in the new Employment Pension Plans Act (EPPA) and regulations, which come into effect on September 1, 2014. Alberta’s new approach of providing comprehensive and specific…more
| Labor & Employment Law, Finance & Banking

Sistem Mühendislik A.S. v. Kyrgyz Republic: Ontario Court of Appeal Conditionally Stays Order Declaring Equitable Interest

The August 7, 2014 decision of the Ontario Court of Appeal in Sistem Mühendislik A.S. v. Kyrgyz Republic illustrates that an automatic stay pending appeal of an “order for the payment of money” is only triggered if the order is…more
| Civil Procedure, Civil Remedies

Ontario Court Considers Content of Implied Duty of Good Faith in Business Negotiations

In a recent motion seeking an interlocutory injunction to restrain the sale of a business, Justice Wilton-Siegel considered the content of an implied duty of good faith. In SCM Insurance Services Inc. v. Medisys Corporate Health…more
| Civil Remedies, Commercial Law & Contracts, Health

Manitoba Court of Appeal Confirms Test for Leave to Appeal Certification Decisions

In its recent decision in Meeking v Cash Store Inc. et al., 2014 MBCA 69, the Manitoba Court of Appeal reiterated the appropriate test which must be satisfied in order for leave to be granted to appeal the certification of a…more
| Civil Procedure

R. v. Graham: Ontario Court of Appeal Explains Protocol for Appeal Alleging Ineffective Assistance of Counsel

In its July 29, 2014 decision in R. v. Graham, the Ontario Court of Appeal (Cronk, Watt and van Rensburg JJ.A.) comprehensively considered how to approach a criminal appeal alleging ineffective assistance of trial counsel. In…more
| Constitutional Law, Criminal Law

Hopkins v. Kay: Ontario Court of Appeal Considers Order Conclusively Determining Superior Court’s Jurisdiction to be Final

In her July 2, 2014 decision in Hopkins v. Kay, van Rensburg J.A. of the Ontario Court of Appeal considered when an order declining to dismiss an action for lack of jurisdiction will be final or interlocutory. This is…more
| Civil Procedure, Privacy, Health

The Reckless Fiduciary: When Are Imprudent U.S. Fiduciaries Liable For Plan Losses?

“A pure heart and an empty head are not enough.” This is a quote from an early case defining the scope of ERISA fiduciary liability. However, ERISA has always made fiduciaries responsible only for losses caused by their breaches…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking

Legislative Update Report No. 2014-15 - Aug 2014

In This Article: - Federal Government - Alberta - British Columbia - Manitoba - New Brunswick - Newfoundland - Northwest Territories - Nova Scotia - Nunavut - Ontario - Prince Edward…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Elections & Politics, Environmental Law, International Law & Trade

Sattva Capital Corp. v. Creston Moly Corp.: standard of review for contractual interpretation and arbitral awards

On August 1, 2014, the Supreme Court of Canada released its decision in Sattva Capital Corp. v. Creston Moly Corp., a case involving an arbitral award under the British Columbia Arbitration Act. In that case, the Court departed…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

The Law Society Of British Columbia v The Society of Notaries Public of British Columbia: Intervener Granted Standing to Appeal Order

On June 12, 2014, a panel of the British Columbia Court of Appeal delivered its oral reasons in The Law Society Of British Columbia v The Society of Notaries Public of British Columbia, 2014 BCCA 233, granting standing to an…more
| Civil Procedure, Civil Remedies, Constitutional Law

R. v. Sipos: Appellate review of a dangerous offender designation

In the case of R. v. Sipos, the accused was convicted of multiple sexual offences and physical assaults in 1996. In 1998, he was declared a dangerous offender under s. 753 of the Criminal Code and given an indeterminate…more
| Criminal Law
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Areas of Practice
  • Antitrust & Trade Regulation
  • Business Organizations
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • International Law & Trade
  • Labor & Employment Law
  • Securities Law
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
Locations
Other U.S. Locations
  • New York
Other Countries
  • Canada
Number of Attorneys

400+ Attorneys

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