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Results: 1-10 of 13

The SCC considers who bears the risk of a fraudulent cheque: the drawer or the bank?
  • Osler Hoskin & Harcourt LLP
  • Canada
  • November 1 2017

In Teva Canada Ltd. v. TD Canada Trust, the Supreme Court of Canada clarified the “fictitious” or “non-existent” payee defence to the


Law Commission gathers data on class action effectiveness
  • Osler Hoskin & Harcourt LLP
  • Canada
  • January 8 2015

One year ago today, the Law Commission of Ontario (LCO) released the list of issues to be considered by its Class Actions Advisory Group. As we noted


Is contractual interpretation a common issue?
  • Osler Hoskin & Harcourt LLP
  • Canada
  • August 26 2014

Canadian courts routinely certify the interpretation of contracts as common issues in class actions. Following the Supreme Court of Canada's recent


Supreme Court of Canada limits the right to appeal commercial arbitral decisions on issues of contractual interpretation
  • Osler Hoskin & Harcourt LLP
  • Canada
  • August 5 2014

In Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 (Sattva), released August 1, 2014, the Supreme Court of Canada overturned the historical


Does access to justice trump individual issues?
  • Osler Hoskin & Harcourt LLP
  • Canada
  • March 6 2014

In its recent decision in Cavanaugh v Grenville Christian College, the Ontario Divisional Court applied the Supreme Court of Canada's recently


The Supreme Court of Canada seeks to improve access to justice through expanded summary judgment motions
  • Osler Hoskin & Harcourt LLP
  • Canada
  • January 27 2014

The Supreme Court of Canada has released its much anticipated decision dealing with summary judgment motions. In a welcome outcome, the Court has


Law Commission of Ontario to review class action procedure
  • Osler Hoskin & Harcourt LLP
  • Canada
  • January 8 2014

The Law Commis sion of Ontario is undertaking an ambitious review of class action legislation, rules, procedures and practices in Ontario, focussing


Federal Court of Appeal rules that class proceedings under the Competition Act can be stayed on the basis of an arbitration clause
  • Osler Hoskin & Harcourt LLP
  • Canada
  • March 5 2013

The Federal Court of Appeal recently issued an important ruling in respect of the application of arbitration clauses to private actions and class


When can environmental regulatory orders be compromised claims under the Companies’ Creditors Arrangement Act? Supreme Court of Canada provides clarification
  • Osler Hoskin & Harcourt LLP
  • Canada
  • December 11 2012

In its decision released on December 7, 2012, the Supreme Court of Canada held that claims in respect of provincial environmental clean-up orders can be compromised under the federal Companies Creditors’ Arrangement Act (CCAA


Employees have a reasonable expectation of privacy in work computers: Supreme Court of Canada
  • Osler Hoskin & Harcourt LLP
  • Canada
  • October 22 2012

In R. v. Cole, 2012 SCC 53 (October 19, 2012), the Supreme Court of Canada held that employees may reasonably expect privacy in the information stored on their work-issued computers at least where personal use is permitted or reasonably expected