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Blaney McMurtry LLP | Canada, Global, USA | 4 Jun 2023
Court of Appeal summaries (may 29, 2023 - June 2, 2023)
The Catalyst Capital Group Inc. v West Face Capital Inc., 2023 ONCA 381 is a defamation and anti-SLAPP case involving multiple actions that have been…
Bennett Jones LLP | Canada | 1 Jun 2023
Developments in General Causation Methodologies for Class Certification
In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to…
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…
Bennett Jones LLP | Canada | 1 Jun 2023
The Lack of Present Injuries and Reliable Scientific Evidence Proves Fatal in North American Pharmaceutical Impurity Litigation
After reports were made regarding the presence of nitrosamines in certain pharmaceutical products in 2018 and 2019, and subsequent precautionary…
McCarthy Tétrault LLP | Canada, Global | 31 May 2023
No need for a de novo hearing on an application to set aside an international arbitral award: All Communications Network of Canada v. Planet Energy Corp., 2023 ONCA 319
The Ontario Court of Appeal recently dismissed an appeal from a lower court’s decision upholding an arbitral award. The…
Emond Harnden | Canada | 31 May 2023
Plaintiff’s Surreptitious Recording of Termination Meeting Leads to Damages for Employer’s Breach of the Duty of Good Faith and Fair Dealing
Earlier this year, the Ontario Superior Court of Justice rendered its decision in Teljeur v. Aurora Hotel Group. This case, which involved an…
Fasken | Canada | 31 May 2023
ONCA Criticizes Courts for “Lack of Transparency”: Absence of Operational Data “Impedes” Court Performance
In Moffitt v. TD Canada Trust, 2023 ONCA 349, the Court of Appeal commented on Ontario courts’ lack of transparency with respect to decision making…
McCarthy Tétrault LLP | Canada, Global | 31 May 2023
No need for a de novo hearing on an application to set aside an international arbitral award: All Communications Network of Canada v. Planet Energy Corp., 2023 ONCA 319
The Ontario Court of Appeal recently dismissed an appeal from a lower court’s decision upholding an arbitral award. The…
Bennett Jones LLP | Canada, Global | 29 May 2023
An Arguable Case May Be All You Need to Go to Arbitration in Ontario
In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court…
Singleton Urquhart Reynolds Vogel LLP | Canada | 29 May 2023
The Estate of Arbabbahrami v. MSH International (Canada) Ltd.: Implications for “War” and “Military or Usurped Power” Insurance Exclusions and Force Majeure Clauses
The Ontario Superior Court’s recent decision in The Estate of Arbabbahrami v. MSH International (Canada) Ltd., 2022 ONSC 5723 appears to have…
