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Canadian Appeals Monitor Blog

Articles: 1-10 of 100

A Question of Attribution: UK Supreme Court Clarifies Law on the Illegality Defence and the Quincecare Duty Owed By Financial Institutions

Canada, United Kingdom - November 14 2019 The UK Supreme Court has released an important decision, limiting the circumstances when the actions of a directing mind can be attributed to the…

B.C. Court of Appeal Upholds and Clarifies Rectification Remedy in Canada

Canada - November 7 2019 Rectification is a flexible tool that is sometimes triggered to bring equity to parties, where no other feasible remedy exists at law. The law on…

A New Era in Journalist Source Protection: The Supreme Court of Canada Clarifies section 39.1 of the Canada Evidence Act

Canada - October 1 2019 Denis v Côté, 2019 SCC 44, is the first instance in which the Supreme Court of Canada has interpreted the provisions of the federal “press shield…

The New Constitution: U.K. Supreme Court Intervenes in Brexit Debate

Canada, European Union, United Kingdom - September 25 2019 The U.K. Supreme Court entered the explosive Brexit debate yesterday, ruling that Prime Minister Boris Johnson’s advice to the Queen to prorogue…

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…