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Competition Tribunal dismisses abuse case against Toronto Real Estate Board

McCarthy Tétrault LLP
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Canada
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April 16 2013

On April 15, 2013, the Competition Tribunal (Tribunal) released its decision in the high-profile case against Toronto Real Estate Board (TREB

Can a non-contracting party sue for breach of contract? The Ontario Court of Appeal addresses the doctrine of privity

McCarthy Tétrault LLP
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Canada
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April 4 2013

When can a person who is not a formal party to a contract sue for its breach? The Ontario Court of Appeal grappled with this and related privity

High water mark test for establishing Aboriginal title to be reviewed by the SCC

McCarthy Tétrault LLP
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Canada
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March 20 2013

The Supreme Court of Canada is set to revisit the test for Aboriginal title when it hears an appeal from the British Columbia Court of Appeal's

Antrim Truck Centre Ltd. v. Ontario (Transportation): when the value of a truck stop becomes a public infrastructure cost

McCarthy Tétrault LLP
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Canada
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March 19 2013

For 26 years, Antrim Truck Centre Ltd. (Antrim) operated a truck stop on Highway 17. Then in 2004, the Province constructed a new highway, and

A duty of diligent fulfillment? SCC rules that land grants to Métis children breached Honour of Crown

McCarthy Tétrault LLP
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Canada
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March 18 2013

Canada breached the Honour of the Crown in the manner in which it distributed parcels of land to the children of the Métis people of Manitoba in the

British Columbia Court of Appeal reaffirms seller’s right to retain defaulting buyer’s deposit without proof of damages

McCarthy Tétrault LLP
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Canada
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February 12 2013

On February 5, 2013, the British Columbia Court of Appeal (BCCA) released an important decision addressing the proper rules for interpreting the

British Columbia Court of Appeal: city owes no duty to consult first nations

McCarthy Tétrault LLP
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Canada
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November 23 2012

On September 24, 2012, in Neskonlith Indian Band v. Salmon Arm (City) (Neskonlith), the British Columbia Court of Appeal (BCCA) dismissed the appeal of the Neskonlith Indian Band (Band), confirming that the City of Salmon Arm (City) did not owe a constitutional duty to consult the Band in respect of the issuance of a development permit

Right of first refusal to lease get it right, or else!

McCarthy Tétrault LLP
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Canada
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November 23 2012

If a tenant in a commercial building holds a right of first refusal (RFR) to lease any other floor in that building, and the landlord subsequently receives an offer to lease multiple floors, is the tenant’s RFR triggered?

If you want specific performance, do you still have to mitigate your damages?

McCarthy Tétrault LLP
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Canada
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October 28 2012

Is a party to a contract obligated to mitigate its damages at the same time that it is asking the court to order specific performance?

Do equitable ends justify expanding “unlawful means”? The Supreme Court of Canada grants leave in A.I. Enterprises Ltd. v. Bram Enterprises Ltd.

McCarthy Tétrault LLP
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Canada
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October 26 2012

The Supreme Court has granted to leave to appeal in a case that has the potential to elucidate an area of tort law where confusion has reigned for far too long

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