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FCA overturns cefaclor damages decision on prejudgment interest issue, provides guidance on NIA defence
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • December 19 2018

On November 23, 2018, the Federal Court of Appeal (FCA) allowed in part Apotex’s appeal of a decision awarding Eli Lilly over $100 million for


Important GSTHST Developments in Real Estate Transactions from 2018
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2018

Real estate transactions and related activities are subject to complex GSTHST rules and the Canada Revenue Agency (CRA) has been applying those


A Refresher on Judicial Review “Class Applications” in Federal Court
  • McCarthy Tétrault LLP
  • Canada
  • December 13 2018

Likely unbeknownst to most, Rule 334.12 of the Federal Courts Rules permits applications for judicial review in the Federal Court to be prosecuted as


Maritime Law Newsletter - December 2018
  • Borden Ladner Gervais LLP
  • Canada
  • December 5 2018

2018 was another active year in Canadian maritime law. The federal Government’s Oceans Protection Plan (OPP) has continued to spur legislative


Canadian Energy Update
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2018

The Government of Alberta (GOA) announced its mandatory curtailment of crude oil production plan on Sunday, December 2, 2018. The plan is a


Supreme Court of Canada Leave Applications
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • November 30 2018

Supreme Court of Canada denies Eli Lilly leave to appeal in olanzapine section 8 damages action. On November 8, 2018, Eli Lilly was denied


Car Dealership’s Sale of Insurance Products Held to be GSTHST Exempt
  • Borden Ladner Gervais LLP
  • Canada
  • November 29 2018

Car dealerships and other companies that are selling or promoting insurance products to their customers should conduct a close review of their


Test for Certification in the Federal Court - New Guidance on Judicial Review Class Actions
  • Borden Ladner Gervais LLP
  • Canada
  • November 29 2018

In Wenham v. Canada (Attorney General), Justice Stratas of the Federal Court of Appeal helpfully reviewed the test for certification of a class


The Supreme Court of Canada Overturns the Federal Court of Appeal Decision in Callidus Capital: Secured Lenders in Canada can Breathe a Little Easier
  • Torkin Manes LLP
  • Canada
  • November 13 2018

Almost one year ago, in an article entitled “Are Forbearance Agreements on the Endangered Species List? The Effect of Canada v. Callidus Capital on


Supreme Court of Canada Rules in Favour of Lenders in Callidus
  • McCarthy Tétrault LLP
  • Canada
  • November 13 2018

In a 2017 judgment discussed here, the Federal Court of Appeal permitted the CRA to assert a claim against a secured creditor who had received a