Articles 2024

The Supreme Court of Canada recently held, in its highly anticipated decision in Telus Communications Inc. v. Wellman, that business customers of Telus cannot avoid the terms of a mandatory arbitration clause by joining a class action with consumers who are not bound by the arbitration clause.

In this global marketplace, where business across borders has become commonplace, in litigation it is to be expected that some parties or key witnesses may reside outside Ontario. In this article the author describes the tools available to obtain evidence outside Ontario, and the criteria that apply to each of them.

Topics covered for this week’s civil decisions of the Court of Appeal for Ontario included annulling a bankruptcy where the bankrupt was not really insolvent and appeared only to try to avoid paying on a judgment, damages for breach of an agreement of purchase and sale of land, discoverability of a claim for negligent tax advice (“appropriate means”), and amending pleadings.

Highlights from the May 14, 2019 Brown Bag Lunch, including a discussion on the recent Court of Appeal decision in Quaggiotto v. Quaggiotto, the taxation of power of attorney fees and estate administration issues.

Bill C-86, the Budget Implementation Act, 2018, No. 2, SC 2018, c 27, received Royal Assent on December 13, 2018, and provides for certain amendments to the Canada Business Corporations Act (“CBCA”), which will come into force on June 13, 2019.

This article explores the responsibilities of Canadian mining companies operating in a global context after the Supreme Court of Canada heard a case in early 2019. Plaintiffs allege Nevsun Resources Ltd. is liable for the actions of its subsidiary in Africa. One issue is whether British Columbia, Nevsun’s corporate jurisdiction, lacked subject matter competence in respect of the claim. The author agrees with the lower courts that British Columbia should hear the case.

The Law Society of Ontario is seeking input on the definitions of "finance company" and "lending client" by June 30, 2019.

Why did the Ontario Superior Court of Justice refuse to certify the Casino Rama privacy breach class action, but then certified the Bell Mobility class action less than a week later? This piece offers a few theories explaining the opposing outcomes.

In a recent decision of the Supreme Court of Canada, the analysis of whether an individual is considered an employee or independent contractor is given a thorough review, and brings into question the interplay of previous cases that have considered the nature of this relationship in a franchise context.

The Honourable Justice Clement Gascon recently made headlines with his brief disappearance and public message about his past struggles with mental illness. Heather Douglas writes about Justice Gascon's bravery, among other lawyers' stories, and the importance of open dialogue on lawyers' mental health.