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Class Action Waiver Unenforceable Due to Unconscionability and Public Policy

Canada - June 8 2021 Contractual terms that prevent a party from participating in a class action may be unenforceable for unconscionability and public policy when they…

Ranjan K. Agarwal, Scott H. D. Bower, Russell J. Kruger, Patrick Schembri

Are Gun Manufacturers Liable for Mass Shootings?

Canada - March 1 2021 An Ontario Superior Court judge has accepted, in a preliminary decision in Price v Smith & Wesson Corp, 2021 ONSC 1114, that gun manufacturers may…

Michael A. Eizenga, Gannon G. Beaulne, Michael C. Smith

Supreme Court May Consider Enforceability of Liquidated Damages

Canada, United Kingdom - October 4 2019 On July 11, 2019, the Supreme Court of Canada (the SCC) granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v…

Brian P. Reid