Articles 2023

This article, originally published on Practical Law Canada, reviews the October 2020 decision of the Supreme Court of Canada in Matthews v. Ocean Nutrition Canada Ltd. This case is now the leading Canadian decision on the enforceability of contractual limits to an employee’s right to wrongful dismissal damages for loss of incentive payments.

The rule in Foss v. Harbottle (1843), 67 E.R. 189 (U.K.H.L.) stipulates that a shareholder of a corporation does not have a personal cause of action for a wrong done to the corporation. The recent appeal by Bloorston Farms Ltd. of the ruling by the Superior Court of Justice in favour of Sang Thi Tran was dismissed by the Ontario Court of Appeal, which assessed the well-established rule in Foss v. Harbottle and its limitations and rationale.

This article reviews the pros and cons of operating as an unincorporated association.

This article reviews how donating preferred shares to a registered charity may be a tax efficient option for transferring wealth, but charities should conduct due diligence prior to acceptance.

Even though we have yet to emerge from the pandemic, we have already learned (or in some cases, relearned) a number of lessons of critical importance to any in-house legal team. Here are some thoughts by Michael Rusek, senior legal counsel at OMVIC, regarding 'lawyering' and regulating during a global pandemic.

These are certainly challenging times. A reckoning by many accounts. Lawyers are not immune to these turning tides. As in-house counsel, we have witnessed firsthand the impacts of the recent social upheavals, first as a result of the pandemic and then, over the summer, due to the growing call to address racial inequalities, first in the US and then across the globe.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of November 9, 2020.

A note of welcome from our Section Chair, David Shaw, highlighting the group's activities and upcoming programs for this year.