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Results: 1-10 of 995

Supreme Court of Canada Considers Builder’s Risk Policy “Faulty Workmanship” Exclusion Clause
  • Fasken Martineau DuMoulin LLP
  • Canada
  • September 22 2016

The recent Supreme Court of Canada decision of Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37 considered two


New Trial Ordered: Application of Co-Conspirators’ Exception to the Hearsay Rule at Issue in Price-Fixing Conspiracy Case
  • Fasken Martineau DuMoulin LLP
  • Canada
  • September 22 2016

On September 9, 2016, the Quebec Court of Appeal ("QCCA") issued its judgment in two gasoline price-fixing conspiracy cases. The cases were the


Unionised employees cannot sue each other - maybe
  • Fasken Martineau DuMoulin LLP
  • Canada
  • September 14 2016

Ever since the Supreme Court decisions in Weber, O'Leary and Concordia, it is well established that any legal action whose essential character arises


Post-Discharge Earning Opportunities - Who Must Prove What? The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • September 8 2016

We have published in the past about what losses a discharged employee can claim. One seeking damages for lack of reasonable notice of termination has


Ontario Court of Appeal Confirms Principles Applicable to Proof of Will in Solemn Form
  • Fasken Martineau DuMoulin LLP
  • Canada
  • September 6 2016

Chaim Neuberger died in 2012, and was survived by his two daughters, Edie Neuberger and Myra York, and their adult children. The deceased executed


Ontario Court of Appeal Deals with Circumstances in which a Will May be Challenged on Public Policy Grounds
  • Fasken Martineau DuMoulin LLP
  • Canada
  • September 6 2016

In Spence v. BMO Trust Company, the Ontario Court of Appeal revisited the question of when courts should circumscribe testamentary freedom on


Transfer Pricing Developments
  • Fasken Martineau DuMoulin LLP
  • Canada, OECD
  • September 2 2016

Transfer pricing issues continue to be an important focus for multinational enterprises (“MNEs”) and tax authorities. This post summarizes some of the


Beware of the Allure of an Automatic Termination Clause
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 26 2016

The Labour Court has repeatedly demonstrated its willingness to hold as invalid a provision in an employment contract which purports to limit the


Injunction granted prohibiting interference with on-reserve road access
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 25 2016

On August 25, 2016, the BC Supreme Court released its decision in Revolution Infrastructure Inc. v. Lytton First Nation, 2016 BCSC 1562, granting an


Human rights tribunal jurisdiction requires employment relationship
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 24 2016

The British Columbia Court of Appeal has ruled that the British Columbia Human Rights Tribunal could not take jurisdiction over a discrimination