Starting in 1997, the Supreme Court of Canada (“SCC”) has rendered a series of decisions that have progressed from the imposition of a duty of good faith and fair dealing on the employer, at the time of an employee’s...more
Background - Six years ago, in Bhasin v. Hrynew (“Bhasin”), the Supreme Court of Canada (“SCC”) recognized a contractual duty of honest performance.[1] On December 18, 2020, the SCC released its decision in CM Callow Inc. v....more
Background - On October 23, 2020, the Supreme Court of Canada (“SCC”) released its decision in The Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corporation (“Crystal Square”), an appeal about whether a...more
On June 26, 2020, the Supreme Court of Canada (“SCC”) released its decision in Uber Technologies Inc. v. Heller. The SCC held that the arbitration agreement between Uber and one of its drivers was invalid. This is another...more
With the federal government recently approving major pipeline projects, it is expected that environmental and other special interest or lobbying groups will commence actions in an attempt to prevent or delay those projects...more
The Supreme Court of Canada (SCC) has rendered judgment in a closely-watched case involving the intersection of judgment enforcement and privacy rights. As discussed in an our July 2015 Blakes Bulletin: You Won Your Case —...more
On October 20, 2016, the Supreme Court of Canada (SCC) ruled that a provincial superior court judge may sit outside his or her home province to hear motions without live evidence in national class actions proceedings in...more
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
In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those proceedings. ...more
On March 6, 2015, the Supreme Court of Canada (SCC) revisited and clarified the common law test for constructive dismissal in Potter v. New Brunswick Legal Aid Services Commission. ...more
In its recent decision in Canada (Attorney General) v. Federation of Law Societies of Canada, the Supreme Court of Canada (Court) held that the government cannot “turn lawyers into state agents”; it cannot require lawyers to...more
In this issue: - Preface - Key Trends for 2015 - Highlights from 2014 - 2014 Annual Report - Mergers - Foreign Investment - Cartels - Private Actions -...more
In a decision released on Friday, the Supreme Court of Canada has recognized a new principle of fundamental justice: a lawyer’s duty of commitment to the client’s cause. In Canada (Attorney General) v Federation of...more
On January 22, 2015, the Supreme Court of Canada (SCC) issued a groundbreaking decision in the area of merger efficiencies in Tervita Corp. v. Canada (Commissioner of Competition), allowing the appeal of Tervita Corporation...more
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
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
On March 13, 2014 the Supreme Court of Canada dismissed applications for leave to appeal by a group of alleged former institutional shareholders of Sino-Forest Corporation. These institutions unsuccessfully sought leave to...more
The Supreme Court of Canada recently granted leave to appeal in Minister of National Revenue v Duncan Thompson, 2013 FCA 197, which touches on the issue of whether a lawyer subject to enforcement proceedings can claim...more
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
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
In a much-anticipated decision released on January 23, 2014, Hryniak v Maudlin, 2014 SCC 7, the Supreme Court of Canada articulated a new approach to summary judgment under Rule 20 of Ontario's Rules of Civil Procedure (RRO...more
Today, the Supreme Court of Canada granted leave to appeal in Carter v Canada (AG), which deals with the constitutionality of the assisted suicide provision of the Criminal Code. In 1993, in Rodriguez v British Columbia (AG),...more
On December 16, 2013, the Alberta Court of Queen’s Bench granted a long-term Order to Penn West Petroleum Ltd. prohibiting several members of the Lubicon Lake Cree from continuing to blockade a permitted access road in the...more
In a unanimous decision authored by the Chief Justice of Canada, the Supreme Court has upheld lower courts decisions striking down some of Canada’s prostitution laws as unconstitutional. Though prostitution itself is not...more
The Supreme Court of Canada recently endorsed a fundamental principle in Canadian tax law – namely that absent sham or statutory recharacterization rules, “tax law applies to transactions governed by, and the nature and legal...more