BC Supreme Court Rectifies Excessive Capital Dividend Election October 18, 2018 Seth Lim, PwC Law LLP The courts continue to delineate the scope and operation of rectification following the Supreme Court of Canada’s decision in Canada (Attorney General) v. Fairmont Hotels Inc., which significantly curtailed the availability of the remedy. This article discusses a recent British Columbia Supreme Court decision in which the Court granted an order to rectify a directors’ resolution declaring a capital dividend, the amount of which had been erroneously inflated.
CVCA Report Identifies Key Trends in Venture Capital and Private Equity Investment in Canada October 18, 2018 Aaron Bains and Meredith McCann A discussion of the Canadian Venture Capital and Private Equity Association's H1 2018 VC & PE Canadian Market Overview, including year-to-date trends in venture capital and private equity investment in Canada.
What’s Old is New Again – Interest Rate Decision in Ontario October 18, 2018 Jonathan Fleisher and Amanda Scolieri A case summary exploring the Ontario Court of Appeal's position on Section 4 of the Interest Act, specifically pertaining to interest payable by borrowers, in its recently released decision Solar Power Network Inc. v. ClearFlow Energy.
How to Print Without Shame October 18, 2018 Pulat Yunusov There is still room for printing in today's paperless office (and it's not just for paper-only audiences like courts).
New and Exciting Opportunities – and Claims Risks: Marijuana Law October 18, 2018 Ian Hu, counsel, claims prevention & practicePRO, LAWPRO Changes to marijuana laws present lawyers with new opportunities, but their best practices remain the same: don't dabble, comply with the rules of professional conduct, investigate sufficiently, and protect clients' confidentiality.
Blaney's Appeals: Ontario Court of Appeal Summaries (October 8 – 12, 2018) October 15, 2018 John Polyzogopoulos Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In Shah v LG Chem Ltd, the Court of Appeal certified a class action for claims of conspiracy at common law and conspiracy to price fix under the Competition Act, in relation to lithium-ion batteries. The Court determined that the concept of “indeterminate liability” in negligence law should not be imported into the analysis of common conspiracy or Competition Act claims.
A Case Comment: Janicek v Janicek October 12, 2018 Melissa Grover, Arkin Estate Law An analysis of the recent Ontario Court of Appeal decision in Janicek v. Janicek, 2018 ONCA 679, with respect to the interpretation of terms of a Will pertaining to the division and sale of a family farm.
A Case Comment: Estate Trustees’ Personal Liability for Costs in Sweetnam v. Lesage October 12, 2018 Matthew Furrow, Goddard Gamage LLP A critical analysis of Sweetnam v. Lesage and the risk of severe cost consequences to estate trustees who take unreasonably adversarial positions in litigation.
A Bargain Struck: Surety Bonds under Ontario's New Construction Act October 11, 2018 Andrew O’Brien and James Little An overview of the changes to the Construction Act in relation to the new bonding requirements and related Regulations.
Girouard v CJC: An Administrative State Coup? October 10, 2018 Mark Mancini Commenting on Girouard v Canada (AG), 2018 FC 865, the author argues this case is an example of a trend towards more administrative decision-makers that have unlimited powers. This trend has profound implications for the Rule of Law, as it places such decision-makers alongside the Constitution as beyond reproach. But the administrative state is not a constitutional mandate. The Canadian Judicial Council is vested with powers by its enabling statute. It does not have inherent power.