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Results:1-10 of 52

SCC rejects doctrine of fundamental breach in context of exclusion clauses - Tercon Contractors v. British Columbia, 2010 SCC 4, February 12, 2010
  • Stikeman Elliott LLP
  • Canada
  • March 25 2010

In an important ruling arising out of a disputed public procurement process, the Supreme Court of Canada has unanimously rejected the doctrine of fundamental breach, substituting a three-stage test of the enforceability of an exclusion-of-liability clause that considers (i) whether the clause actually applies to the type of breach that is alleged, (ii) unconscionability, and (iii) public policy.


CCIR and CISRO Release Draft “Fair Treatment of Customers” Guidance
  • Stikeman Elliott LLP
  • Canada
  • June 28 2018

The Canadian Council of Insurance Regulators (CCIR) and the Canadian Insurance Services Regulatory Organizations (CISRO) recently jointly released


Fair Treatment of Customers: CCIR and FSCO Release Finalized Guidelines
  • Stikeman Elliott LLP
  • Canada
  • October 16 2018

The Canadian Council of Insurance Regulators (CCIR) and the Financial Services Commission of Ontario (FSCO) have released finalized versions of their


FSCO Issues Draft Guideline on Fair Treatment of Consumers
  • Stikeman Elliott LLP
  • Canada
  • April 17 2018

On April 3, 2018, Ontario’s provincial financial services regulator, the Financial Services Commission of Ontario (FSCO), released a consultation


B.C. Court dismisses proposed class action against generic manufacturers of fentanyl patch
  • Stikeman Elliott LLP
  • Canada
  • July 8 2014

On June 20, 2014, Justice Bracken of the British Columbia Supreme Court dismissed a proposed class action against two generic manufacturers of


Alberta judge won't strike out meat producer's third-party claim against CFIA
  • Stikeman Elliott LLP
  • Canada
  • October 24 2014

In this recent summary judgment ruling, Alberta's Court of Queen's Bench in Harrison v. XL Foods Inc. permitted meat processor XL Foods Inc. (the


Canadian insurance regulators propose consumer protection enhancements in travel insurance
  • Stikeman Elliott LLP
  • Canada
  • July 24 2017

The Canadian Council of Insurance Regulators (CCIR), the umbrella group of Canadian provincial insurance regulators, recently released a position


British Columbia’s Review of Financial Institutions Legislation: Impact on the Insurance Sector
  • Stikeman Elliott LLP
  • Canada
  • May 10 2018

British Columbia’s Ministry of Finance recently released a set of Preliminary Recommendations (the “Consultation Paper”) arising from its review of


No privacy in trash, Supreme Court holds
  • Stikeman Elliott LLP
  • Canada
  • April 14 2009

This Supreme Court of Canada ruling, which arose in the context of a criminal drug prosecution, underscores the importance of careful disposal of documents containing confidential information or other information that could potentially be embarrassing or damaging to your company's interests.


Bulk Sales Repeal Headlines Ontario’s Burden Reduction Bill
  • Stikeman Elliott LLP
  • Canada
  • June 27 2016

Your Ontario bulk sales headaches may soon be a thing of the past. Bill 218, the Burden Reduction Act, 2016, which would repeal the 99 year old Bulk