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Statutory Interpretation › Canada

Stikeman Elliott LLP

Intrusion Upon Seclusion Claims In Privacy Breach Class Actions? Court of Appeal Trilogy Offers Guidance

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In a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect and store personal information and fall...more

Stikeman Elliott LLP

Ontario Court of Appeal Removes Confusion: Negligent Security not an “Intrusion Upon Seclusion”

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The Ontario Court of Appeal recently ruled that an organization that fails to take adequate steps to safeguard personal information in its possession cannot be held liable under the tort of intrusion upon seclusion when that...more

Stikeman Elliott LLP

Successful Dismissal for Delay Under the Class Proceedings Act: Ontario Court Examines New Automatic Dismissal Provision

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In Bourque v Insight Productions, 2022 ONSC 174, the Ontario Superior Court of Justice (the “Court”) dismissed a proposed class proceeding for delay. The decision is noteworthy as it’s the first reported decision that...more

Fisher Phillips

Employers with Limited Canadian Presence May Be Required to Fulfill Significant Severance Obligations Thanks to Recent Court...

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A Divisional Court in Ontario, Canada recently issued a ruling that could have significant potential extra-jurisdictional consequences for U.S. employers with even a single employee based in Canada. The court’s June 15...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Force Majeure in Civil Law Jurisdictions – A Superior Force Majeure Doctrine?

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As COVID-19-related force majeure litigation continues to arise in both common and civil law jurisdictions, we take a first look at the approach to force majeure in civil law jurisdictions as compared to the common law...more

Bennett Jones LLP

Alberta Court of Appeal Clarifies Super-Priority of CCAA Charges

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In most restructuring proceedings, money is needed to fund the professionals and the management team retained to preserve value in the insolvent company. This money must often be borrowed, and is typically secured by...more

Bennett Jones LLP

Defending an Abuse of Dominance Case

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Required and Regulated Conduct under Canada’s Competition Act - The Competition Bureau’s updated Abuse of Dominance Enforcement Guidelines expressly provide, for the first time, that a party’s compliance with a statutory...more

Bennett Jones LLP

The Appeal in Teal: SCC Majority Restores Commercial Arbitrator's Award

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The Supreme Court has again restricted the scope of appeals from decisions of commercial arbitrators, this time upholding an arbitrator's award of compensation under a British Columbia statute by a close majority....more

Bennett Jones LLP

Inconsistent Administrative Tribunal Decisions: The Alberta Court of Appeal Weighs In

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Conflicting interpretations of the same statute by an administrative tribunal are unlikely to be reasonable, let alone correct, the Alberta Court of Appeal recently held in Altus Group Limited v Calgary (City), 2015 ABCA 86...more

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