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Bennett Jones LLP | Canada | 1 Jun 2023
Securities Class Actions Round-Up
In an active year in securities class actions, Canadian courts have provided new guidance and clarity in a number of important areas. Below we briefly…
Osler Hoskin & Harcourt LLP | Canada | 31 May 2023
Ontario Court of Appeal provides guidance on the meaning of ‘material change’ under the Securities Act
On May 24, 2023, the Court of Appeal for Ontario released two decisions, Peters v. SNC-Lavalin Group Inc (SNC) and Markowich v. Lundin Mining…
Miller Thomson LLP | Canada | 31 May 2023
Ontario Court of Appeal affirms that the “true nature of a claim” will impact duty to defend
In Butterfield v Intact Insurance Company, 2023 ONCA 246, the Ontario Court of Appeal affirmed that Intact Insurance Company (“Intact”) did not have…
Blaney McMurtry LLP | Canada | 27 May 2023
Court of Appeal summaries (may 22, 2023 - may 26, 2023)
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 22, 2023. The Court released two companion…
Miller Thomson LLP | Canada | 24 May 2023
Lease consent considerations from a corporate due diligence perspective
Most commercial leases contain a provision that requires the tenant to obtain the landlord’s consent to any “transfer” of the lease, which usually…
Blaney McMurtry LLP | Canada | 20 May 2023
Court of Appeal summaries (may 15, 2023 - may 19, 2023)
In Hydro One Networks Inc. v. Shiner, Hydro sought a declaration that it had a prescriptive easement to an access road on the respondent’s private…
Littler LLP | Canada | 18 May 2023
Ontario, Canada Court of Appeal Addresses How Employers Can Preserve Right to Unilaterally Lay Off Employees Without Being Found to Have Constructively Dismissed Them
In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, the Ontario Court of Appeal (OCA) found that unless an employee’s employment contract…
McLeish Orlando Lawyers LLP | Canada | 17 May 2023
Are Feelings of Anger and Frustration Compensable Mental Injuries?
The recent Court of Appeal for Ontario decision Bothwell v London Health Sciences Centre, 2023 ONCA 323, arises from an incident where Mr. Bothwell…
Bennett Jones LLP | Canada | 15 May 2023
The Ontario Court of Appeal Upholds the Use of “Powerful” Epidemiological Data to Infer Causation in the Absence of Scientific Certainty
The Court of Appeal for Ontario in Levac v James, 2023 ONCA 73 [Levac] has unanimously upheld a trial judgment in a common issues trial regarding an…
Blaney McMurtry LLP | Canada, Global | 13 May 2023
Court of Appeal summaries (may 8, 2023 - may 12, 2023)
Bothwell v. London Health Sciences Centre considered the legal principles set out by the Supreme Court in Saadati v. Moorhead, for determining…
