Articles 2023

An insurer requests the Court of Appeal rewrite an exclusion in the insurer’s favour.

Find out more about the new changes to the Ontario Business Registry.

Our guest star for November's "Featured Member" series is Daniel Hirsh, current chair of the Business Law Executive and a sole practitioner at Hirsh Law in Toronto, Ontario. We thank Daniel for his participation and hope you enjoy getting to know him!

Corporate annual return filing changes – an update.

On June 29, 2021, the British Columbia Supreme Court held for the first time that the Crown’s power to take up lands for industrial development under a treaty could violate First Nation treaty rights if industrial development resulted in the First Nation no longer being able to meaningfully exercise their treaty rights. The Yahey v. British Columbia decision may have significant impacts on industrial developments involving forestry, oil and gas, and renewable energy in Canadian provinces.

In Kirsh, the Divisional Court recently considered the principles applicable to the analysis of preferability and abuse of process in the context of parallel national class actions. It confirmed what the class actions bar has known for a long time: there is no panacea for the phenomenon of parallel and duplicative national class actions commenced in different Canadian jurisdictions, particularly when the overlapping proceedings are commenced by different plaintiffs and different class counsel.

The UK Supreme Court just released its long-awaited judgment in Lloyd v Google, deciding whether England’s representative action rule can be used for the purposes of a class action. The UK Supreme Court’s interpretation of the representative rule is more revolutionary than appearances would suggest.