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Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard...

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The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases....more

Blake, Cassels & Graydon LLP

La Cour suprême du Canada clarifie l’application des clauses d’arbitrage en matière d’insolvabilité

Dans le cadre de sa récente décision Peace River Hydro Partners c. Petrowest Corp., 2022 CSC 41 (l’« affaire Peace River »), la Cour suprême du Canada (la « CSC ») a précisé les circonstances dans lesquelles une convention...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Clarifies Application of Arbitration Clauses in Insolvency

In the recent case of Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41 (Peace River), the Supreme Court of Canada (the SCC) clarified the circumstances in which an otherwise valid arbitration agreement may be held...more

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The Supreme Court of Canada Rules on Intersection of Insolvency and Arbitration Law

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On November 10, 2022, the Supreme Court of Canada (SCC) issued its much-anticipated decision in Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41, addressing a key intersection of insolvency and arbitration law—whether...more

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Court of Appeal Refines the Corporate Attribution Doctrine

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The corporate attribution doctrine concerns the attribution of the actions of a corporation’s directing mind to the corporation itself.  On March 10, 2022, in Ernst & Young Inc. v. Aquino [Aquino], the Court of Appeal...more

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Supreme Court Confirms Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in Unionized Workplaces

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The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more

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Beyond Review: Supreme Court of Canada Confirms Courts are Unlikely to Interfere with Voluntary Associations

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In Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v Aga, 2021 SCC 22 [Ethiopian Orthodox] the Supreme Court of Canada elaborated on the circumstances in which courts will intervene in the affairs of voluntary...more

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CSC : Les groupes autochtones américains peuvent exercer leurs droits ancestraux au Canada

Le 23 avril 2021, la Cour suprême du Canada (la « CSC ») a confirmé qu’un résident des États-Unis peut posséder des droits ancestraux au Canada. Elle a déterminé que les droits autochtones protégés par l’article 35 de la Loi...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Rules that American Indigenous Communities Can Exercise Aboriginal Rights in Canada

On April 23, 2021, the Supreme Court of Canada confirmed that residents of the United States of America can hold Aboriginal rights in this country. The Court concluded that the Aboriginal rights protected by section 35 of the...more

Littler

Supreme Court of Canada Clarifies Duty to Exercise Contractual Discretion in Good Faith

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In 2020, the Supreme Court of Canada (SCC) heard arguments in Wastech Services Ltd. v. Greater Toronto Sewage and Drainage District, 2021 SCC 7 (Wastech) and C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (Callow), both of which...more

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Ontario Employers Need to Review their Employment Agreements—the Waksdale Decision is Here to Stay

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On January 15, 2021, the Supreme Court of Canada denied an application for leave to appeal from the Ontario Court of Appeal's June 2020 decision in Waksdale v Swegon North America Inc., 2020 ONCA 391. As a result, many...more

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Supreme Court of Canada: Silence Can Breach the Contractual Duty of Good Faith Honesty

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Good faith requires a party to a contract whose actions or words have created a false impression in the mind of a counterparty to take positive steps to correct it, the Supreme Court of Canada recently held in C.M. Callow...more

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The Supreme Court of Canada Will Hear Five Civil Appeals in December

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The Supreme Court of Canada will hear five appeals in December that may interest the business community or organizations facing civil litigation....more

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Supreme Court of Canada Clarifies Approach to Pure Economic Loss Claims

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The Supreme Court of Canada has clarified the scope of manufacturers’ potential liability under the law of negligence to the retailers of their products for “pure economic losses”—lost profits, lost sales, and reputational...more

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Supreme Court Reaffirms Low Bar for Authorizing Class Actions in Québec

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On October 30, 2020, a six-judge majority of the Supreme Court of Canada confirmed, in Asselin v Desjardins Cabinet de services financiers inc, 2020 SCC 30, that a class action concerning allegedly misleading investment...more

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Supreme Court of Canada Overturns Court of Appeal in Landmark Bonus Case

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On October 9, 2020, in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada (SCC)—the highest court in the country—released a highly anticipated decision in an employee’s appeal of the Nova Scotia...more

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Supreme Court of Canada Awards Damages for Incentive Plan Entitlements Despite Plain Language of Plan

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The Supreme Court of Canada's decision in Matthews v Ocean Nutrition Canada Ltd., 2020 SCC 26, highlights the high standard a court will require to rebut the presumption at common law that a dismissed employee will receive...more

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Supreme Court of Canada Affirms Anti-Deprivation Rule

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The common law anti-deprivation rule is alive and well in Canada, the Supreme Court of Canada held in an 8-1 decision in Chandos Construction Ltd. v Deloitte Restructuring Inc., 2020 SCC 25 [Chandos]. Under the rule, parties...more

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Major Changes to Ontario’s Class Proceedings Act Come into Force

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On October 1, 2020, recent amendments to Ontario’s Class Proceedings Act, 1992 (CPA), come into force. The amendments were made as part of the Smarter and Stronger Justice Act, 2020, which received Royal Assent in July 2020....more

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Patent Claim Construction Decision May Boost Patent Eligibility in Canada

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Those applying for Canadian patents will be pleased to learn of a recent decision by the Federal Court of Canada invalidating the patent office’s controversial problem-solution approach to patent claim construction. The...more

Littler

Supreme Court of Canada Upholds Constitutionality of Challenged Provisions of Federal Genetic Non-discrimination Act

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On May 4, 2017, the federal government enacted the Genetic Non-Discrimination Act (GNDA). On July 10, 2020, in Reference re Genetic Non-Discrimination Act (Reference),2 the Supreme Court of Canada (SCC) rendered a split...more

Littler

Canada: Supreme Court Limits Safety Inspection Duty of Federally-regulated Employers to Workplaces under their Control

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In Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC 67, one of the last decisions of the Supreme Court of Canada (“SCC”) in 2019, the court clarified the extent of a federally-regulated employer’s inspection...more

Littler

Supreme Court of Canada to Decide the Extent of Employers’ Duty of Trust, Honesty and Good Faith in the Performance of Incentive...

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It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Clarifies Procedures for Class-Action Certification

On September 20, 2019, the Supreme Court of Canada (SCC) clarified several procedural questions regarding class-action certification in the case of Pioneer v. Godfrey. This ruling, which followed a trilogy of landmark...more

Littler

Highest Court in Canada Says Substance, not Form, will Determine Independent Contractor or Employee Status

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A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more

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