News & Analysis as of

Jurisdiction Supreme Court of Canada

Bennett Jones LLP

Another Brick in the Wall: British Columbia Court of Appeal Confirms Framework for Determining Arbitral Jurisdiction

Bennett Jones LLP on

For many reasons, including delays in the litigation system, choice of decision-maker and procedural flexibility, arbitration appears to be increasing in popularity as a means to resolve commercial disputes. But what happens...more

Davies Ward Phillips & Vineberg LLP

The Long Arm of Canadian Securities Laws: Supreme Court Confirms Cross-Border Reach of Securities Enforcement

In its recent decision, Sharp v Autorité des marchés financiers, the Supreme Court of Canada (SCC) upheld the jurisdiction of Québec’s Financial Markets Administrative Tribunal (FMAT)—a specialized provincial securities...more

Bennett Jones LLP

Home is Where the Risk is When Carrying on (Insurance) Business

Bennett Jones LLP on

In Vale Canada Limited v Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, the Ontario Court of Appeal distilled a 70-page decision about a multi-jurisdictional insurance coverage dispute into one...more

Bennett Jones LLP

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

Bennett Jones LLP on

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

Blake, Cassels & Graydon LLP

SCC Stays Internet Defamation Case, Urges Fairness and Efficiency

On June 6, 2018, the Supreme Court of Canada (SCC) addressed the challenging issue of jurisdiction and the internet in Haaretz.com v. Goldhar (Haaretz), by emphasizing the importance of ensuring fairness to foreign...more

Blake, Cassels & Graydon LLP

Court of Appeal for Ontario Reaffirms Stringent Test for Piercing the Corporate Veil

In its recent decision in Yaiguaje v. Chevron Corporation, the Court of Appeal for Ontario (OCA) reaffirmed the principle of corporate separateness and confirmed the stringent requirements that must be proven in order to...more

Smart & Biggar

Rx IP Update - May 2018

Smart & Biggar on

An Update on Vanessa’s Law - This is a special update on the Protecting Canadians from Unsafe Drugs Act (Vanessa’s Law) which was approved on November 6, 2014 (as previously reported), amending the Food and Drugs Act...more

Bennett Jones LLP

Mining Company Asks Supreme Court to Hear Its Challenge to Allegations of Human Rights Abuses in Eritrea

Bennett Jones LLP on

Nevsun Resources, a British Columbia mining company, has asked the Supreme Court to hear its appeal from a recent B.C. ruling that would send the human rights claims of a group of Eritrean plaintiffs towards trial....more

Bennett Jones LLP

5 Business Cases to Watch in the Supreme Court’s Winter Session

Bennett Jones LLP on

With the beginning of the Supreme Court of Canada’s Winter Session on January 8, the Supreme Court of Canada entered a new era following the retirement of former Chief Justice Beverly McLachlin and the appointment of Chief...more

Smart & Biggar

Rx IP Update - 2017 Highlights in Canadian Life Sciences IP

Smart & Biggar on

The year 2017 was one of the most significant years for Canadian Life Sciences IP and Regulatory Law in Canada’s history. The year saw major developments in patent linkage, patent term, and substantive patent issues. As we...more

Bennett Jones LLP

7 Business Cases to Follow in the Supreme Court's Fall Term

Bennett Jones LLP on

The Supreme Court of Canada’s fall term begins on October 2. Scheduled hearings that may interest the business community are described below...more

Bennett Jones LLP

Now You See It, Now You Don’t: SCC Upholds Worldwide Injunction That Alters Google Search Results

Bennett Jones LLP on

The Supreme Court of Canada has upheld a novel injunction order against Google, requiring it to remove certain websites from worldwide search results. For litigants in Canadian courts, Google v. Equustek enlarges both the...more

Bennett Jones LLP

Ontario Court of Appeal Upholds Karigar Conviction for Bribery of Foreign Public Official

Bennett Jones LLP on

On July 6, 2017, the Ontario Court of Appeal upheld Nazir Karigar's conviction and three-year prison sentence for agreeing to bribe to a foreign public official contrary to the Corruption of Foreign Public Officials Act...more

Smart & Biggar

RX IP Update - January 2017

Smart & Biggar on

Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld - As previously reported, the Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the...more

Blake, Cassels & Graydon LLP

Corporate Veil Preserved: Court Dismisses Action Against Canadian Subsidiary in Chevron Case

On January 20, 2017, in Yaiguaje v. Chevron Corporation, the Ontario Superior Court of Justice (Commercial List) (Court) dismissed the plaintiffs’ action to execute against the shares and assets of Chevron Canada Limited...more

Mintz - Securities Litigation Viewpoints

Away Game: Canadian Supreme Court Allows Superior Court Judges to Determine Settlement Motions Outside of their Home Provinces

Recently, the Supreme Court of Canada had the opportunity to decide a specific issue with potentially large ramifications. In Endean v. British Columbia (Endean), the Court considered whether judges of the Canadian Superior...more

Blake, Cassels & Graydon LLP

Maybe You Can Search This? SCC Grants Leave to Appeal From Global Restraining Order Against Google

The Supreme Court of Canada has granted leave to appeal from Equustek Solutions Inc. v. Google Inc., a decision that affirmed a global restraining order against Google Inc. (Google) and Google Canada Corporation (Google...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Addresses Recognition, Enforcement of Foreign Judgments in Chevron Case

In a much anticipated ruling, the Supreme Court of Canada (SCC) has released its decision in Chevron Corp. v. Yaiguaje, addressing recognition and enforcement of foreign judgments. The SCC unanimously held that for a Canadian...more

Bennett Jones LLP

Supreme Court Declares Canadian Corporations may be Liable for Acts of Foreign Affiliates

Bennett Jones LLP on

In a just-released decision, Chevron Corp v Yaiguaje, 2015 SCC 42, the Supreme Court of Canada held that Canadian courts have jurisdiction to decide whether a foreign judgment can be enforced in Ontario against either or both...more

Bennett Jones LLP

Is This the End for Global Classes? Foreign Class Claimants and the Real and Substantial Connection Test

Bennett Jones LLP on

On August 26, 2015, Justice Leitch held that the Ontario court does not have jurisdiction over foreign class members in Airia Brands Inc v Air Canada. Counsel on both sides of the class action bar should take note. For...more

Bennett Jones LLP

Supreme Court of Canada Clarifies Boundaries Between Provincial and Federal Courts

Bennett Jones LLP on

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

21 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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide