Latest Publications

Share:

Is Canada Ready for Class Arbitration?

Many consumer agreements in Canada contain arbitration clauses that require any dispute arising from the consumer transaction to be determined by way of private arbitration. These clauses often also preclude any form of class...more

Ontario's new International Commercial Arbitration Act, 2017

On March 22, 2017, key aspects of Ontario’s arbitration legislation were significantly revised when Bill 27, Burden Reduction Act, 2017 received Royal Assent from the Lieutenant Governor. According to its own introductory...more

Amendments to the ICC Rules: new Expedited Procedure effective March 1, 2017

On March 1, 2017, several amendments to the International Chamber of Commerce’s (ICC) Rules of Arbitration (ICC Rules) will take effect. The most noteworthy of these amendments is the introduction of a new Expedited Procedure...more

Test for Leave to bring Secondary Market Securities Class Action is not a “Low Bar”

The recent decision in Bradley v. Eastern Platinum Ltd. saw the Superior Court of Justice reaffirm the position that the test for statutory leave to bring a secondary market securities class action “is not a low bar.” Justice...more

Supreme Court of Canada considers Limitation Period for Secondary Market Securities Class Actions

On December 4, 2015, the Supreme Court of Canada released its highly anticipated decision in a trilogy of shareholder class actions under the secondary market liability provisions of the Ontario Securities Act (the “OSA”). At...more

Procedural Fairness Owed to Defendants May Redefine how Plaintiffs Proceed under the OSA

The Court of Appeal in Drywall Acoustic Lathing and Insulation, Local 675 Pension Fund (Trustees of) v. SNC-Lavalin Group Inc. recently determined whether, once leave to assert a claim under part XXIII.1 of the Ontario...more

Ontario Proposes Whistleblower Regime

On October 28, 2015, the Ontario Securities Commission (OSC) published proposed OSC Policy 15-601 - Whistleblower Program (Policy). The proposed Policy provides for the adoption of a whistleblower program by the OSC with the...more

Yaiguaje v Chevron Corporation: Supreme Court releases leading decision on the enforcement of foreign judgments in Canada

Summary - - Supreme Court of Canada favours a relaxed approach to the recognition and enforcement of foreign judgments in Canada. - For a Canadian court to recognize and enforce a foreign judgment, a judgment...more

Theratechnologies Inc. V. 12185 Canada Inc: Supreme Court Of Canada Raises The Bar For Obtaining Leave To Bring Secondary Market...

In Theratechnologies inc. v. 12185 Canada inc., the Supreme Court of Canada has ruled that requirements that plaintiffs demonstrate that their claims have been brought in good faith and have a reasonable chance of succeeding...more

UPDATE: Zungui Class Action Settlements Against Remaining Defendants Approved By Court

On August 27, 2013, Justice Perell released his decision (2013 ONSC 5490) approving three settlements valued at $10.85 million, bringing the class action against Zungui Haixi Corp. (“Zungui”) and others to a close. Under the...more

The Arbitration Review of the Americas 2013: Arbitral Jurisdiction in Canada: Recent Decisions

Overview - Any consideration of arbitral jurisdiction in Canada must proceed within the governing legislative framework. Legislation in each Canadian province and territory, as well as federal legislation, directs how...more

11/20/2012
11 Results
/
View per page
Page: of 1

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.