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Canadian Appeals Monitor Blog

Articles: 1-10 of 96

Keeping Things in Context: B.C. Court of Appeal Considers the Roles of Context and Public Debate in Defamation Cases

Canada - September 6 2019 The B.C. Court of Appeal’s recent decision in Northwest Organics, Limited Partnership v. Fandrich (“Northwest Organics”) demonstrates the…

Is the Plaintiff’s Motive to Sue Relevant? The Court of Appeal Says Probably Not

Canada - August 22 2019 It is not uncommon for defendants to wonder if the plaintiffs have an ulterior motive for bringing a lawsuit beyond the pleaded request for damages…

Gro-Bark v. Eacom Timber: A Note on Sufficiency of Reasons

Canada - August 6 2019 The Court of Appeal for Ontario recently released its decision in Gro-Bark v. Eacom Timber,an appeal about the crucial role that…

A Class Divided Can Stand - Supreme Court of Canada Holds That Businesses Cannot Piggyback on Consumers To Escape Arbitration Agreements

Canada - May 1 2019 TELUS Communications Inc. v. Wellman, 2019 SCC 19, is a significant — if narrow — victory for freedom of contract, and for a disciplined approach to…

The U.S. Supreme Court Expands the Scope of Securities Fraud Liability

USA - April 18 2019 If an individual is not the “maker” of a false or misleading statement under Janus Capital Group v. First Derivative Traders, 564 U.S. 135 (2011)…

Galantis v Alexiou: No Oppression after Dissolution

Canada, United Kingdom - April 18 2019 In Galantis v Alexious, [2019] UKPC 15 the Privy Council concluded that the oppression remedy existing under the Bahamian Companies Act cannot be…

Can a Creditor Seize in Québec Monies Held in a Foreign Bank Account by a Third Party Domiciled in Québec on Behalf of The Debtor

Canada - February 4 2019 In Instrubel v Republic of Iraq, the Québec Court of Appeal ruled that the fact that funds were held in a foreign bank account by an agent domiciled…

When Administrators Speak for Themselves — The Newfoundland and Labrador Court of Appeal on Agency Standing

Canada - February 4 2019 In 66202 Newfoundland & Labrador Inc. v. Municipal Assessment Agency Inc., 2019 NLCA 1, the Newfoundland and Labrador Court of Appeal considered the…

When is a rule not the law? A Note on Tan and Comity in the Federal Court of Appeal

Canada - November 8 2018 Last month, the Federal Court of Appeal issued its latest decision on judicial comity, Tan v. Canada (Attorney General). Tan is noteworthy for being…

When Appeals Collide: Case-Management of Novel Issues in the Ontario Court of Appeal

Canada - October 24 2018 On October 17, 2018, in a short but interesting decision of the Ontario Court of Appeal in Fontaine v. Canada (Attorney General), 2018 ONCA 832…