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The Supreme Court of Canada to hear the first appeal of an authorization to bring an action for secondary market liability

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • March 10 2014

On February 20, 2014, the Supreme Court of Canada authorized Theratechnologies to appeal a judgment rendered by the Court of Appeal of Québec

Wal-Mart employee class action in USA lessons for Canadian employers?

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada, USA
  • -
  • January 11 2011

When the Ninth Circuit Court of Appeals (San Francisco) affirmed an order certifying the largest employment discrimination class action ever in the US, Wal-Mart was left facing a class of up to 1.5 million members

Where a plan undergoes extensive consultation, the execution of the plan may not require further consultation

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • December 14 2009

On November 19, 2009, the Federal Court of Appeal upheld a finding that the Crown had fulfilled its duty to consult with respect to the disposition of lands from the former Canadian Forces Base in Chilliwack, British Columbia ("CFB Chilliwack"

Outgoing directors should be wary of looking to corporate bylaws for protection

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • June 10 2008

Corporate bylaws often extend certain protections to former directors, including (for example) the advancement of litigation-related expenses to a director who is sued in connection with his or her corporate duties (a sort of “indemnity-in-advance”

Combined Air Mechanical Services Inc v Flesch: the Court of Appeal reboots the summary judgment jurisprudence

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • December 6 2011

In a decision released on December 5, 2011, a five-judge panel of the Ontario Court of Appeal has attempted to provide long-awaited guidance concerning the effect of the recently expanded summary judgment rule

When time is the very essence of your job, best not be late...

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • May 1 2013

Every job has its own peculiarities. What might be a minor shortcoming in one type of employment could be catastrophic in another. This is especially

Non-competition clauses: don’t be left out in the cold

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • April 21 2009

The Supreme Court of Canada has recently handed down a decision that may have major consequences on employers who rely on non-competition clauses for the survival of their business

Temporary injunction against random drug and alcohol testing

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • January 3 2013

Random drug and alcohol testing in the workplace was recently back before the Alberta Court of Appeal. Oil Company Suncor appealed an injunction against

B.C. Court of Appeal upholds trial decision dismissing Lax Kw’alaams’ claim for right to commercial fishing near Prince Rupert

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • January 13 2010

On December 29, 2009, the B.C. Court of Appeal upheld the earlier B.C. Supreme Court decision that dismissed the Lax Kw’alaams Indian Band’s claim for the right to a commercial fishery on the north coast of B.C., just north of Prince Rupert

Supreme Court of Canada upholds a separate opening in the commercial fishery for aboriginal bands as constitutional

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • July 3 2008

On June 27, 2008, the Supreme Court of Canada released its decision in R v. Kapp, 2008 SCC 41, dismissing a challenge to the constitutionality of an exclusive 24 hour opening in the commercial fishery for three aboriginal groups