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Mohamed v. Information Systems Architects Inc., 2018 ONCA 428: The doctrine of good faith in the performance of independent contractor contracts
  • McCarthy Tétrault LLP
  • Canada
  • October 16 2018

In Bhasin v. Hrynew, 2014 SCC 71, the Supreme Court of Canada recognized a general organizing principle of good faith in contractual performance. The


Court of Appeal Judgment Strengthens Polluter Pay Principal in Environmental Litigation
  • Lerners LLP
  • Canada
  • October 15 2018

The Court of Appeal for Ontario released a decision this year, in Huang v. Fraser Hillary’s Limited, 2018 ONCA 527, with important developments and


Duty to Consult Not Triggered by Law-Making Process, but Uncertainty Remains
  • Fasken
  • Canada
  • October 15 2018

In 2012, the former conservative government introduced two broad omnibus bills that changed the Canadian Environmental Assessment Act and other


In a Split Decision, Supreme Court Rejects a Duty to Consult When the Government Makes New Laws
  • Borden Ladner Gervais LLP
  • Canada
  • October 15 2018

In its landmark 2004 decision, Haida Nation v. British Columbia (Minister of Forests), the Supreme Court recognized that when the Crown contemplates


Supreme Court of Canada Rules Duty to Consult Does Not Apply to the Law-Making Process
  • Blake Cassels & Graydon LLP
  • Canada
  • October 15 2018

The Supreme Court of Canada (SCC) determined that Ministers of the Crown have no duty to consult Aboriginal Peoples in the development of legislation


Post-AstraZeneca: Has the Promise Doctrine Vanished from Patent Litigation? Likely, Yes.
  • McCarthy Tétrault LLP
  • Canada
  • October 12 2018

The Supreme Court of Canada abolished the Promise Doctrine over a year ago and, as discussed in our blog, it marked an important course correction


The Supreme Court holds that the duty to consult Indigenous peoples does not apply to the law-making process: Mikisew Cree First Nation v. Canada (Governor General in Council)
  • Gowling WLG
  • Canada
  • October 12 2018

The Supreme Court of Canada released its decision in Mikisew Cree First Nation v. Canada (Governor General in Council) on October 11, 2018. Seven


Can we Implement Random Cannabis Drug Testing?
  • McMillan LLP
  • Canada
  • October 12 2018

In certain circumstances an individual employee who has an alcohol or drug problem may be tested BUT random testing is not automatic. The courts may


Not all Questions are Good Questions: Avoiding Discriminatory Interview Practices
  • Fasken
  • Canada
  • October 11 2018

Much ink has been spilled over a recent decision by the Commission de la fonction publique (the "Commission") on the topic of discriminatory interview


Supreme Court of Canada Bulletin
  • Gowling WLG
  • Canada
  • October 11 2018

BcIMC was incorporated under the Public Sector Pension Plans Act as a trust company authorized to provide investment management services as part of a