Your Ontario bulk sales headaches may soon be a thing of the past. Bill 218, the Burden Reduction Act, 2016, which would repeal the 99 year old Bulk
From class actions to the private law duties of public regulators, 2013 was another active year on the product liability law front in Canada. The
In Arora v. Whirlpool Canada LP (2013 ONCA 657) the Court of Appeal upheld the denial of certification of claims against Whirlpool on the basis that
On February 14, 2013, the Federal Court of Appeal in Murphy v. Amway Canada Corp. affirmed the decision of the court below, staying a proposed class
The Court of Appeal recently rendered a decision that has major implications in that it reverses the dominant Case law position in Quebec with
In Télus Mobilité c. Comtois, the Québec Court of Appeal unanimously decided that Telus’ commercial clients (i.e. companies or natural persons carrying on an enterprise) were ineligible to be part of a proposed plaintiff class as they were bound by an arbitration clause in their agreements with Telus, which was combined with a class action waiver.
On June 22, 2011, the Divisional Court granted leave, in part, to appeal from the lower court decision of Justice Strathy in Trillium Motor World Ltd.
On August 2, 2011, the Ministry of Energy directed the OPA to allow Suppliers under Ontario’s Feed-In Tariff (FIT) program to obtain a waiver of the OPA’s termination rights contemplated in section 2.4(a) of the FIT Contract.
The Ontario Court of Appeal has ruled that a pension plan administrator who uses its own form of joint and survivor spousal benefit waiver does so at its peril, if subsequently challenged by the spouse.
In a recent 5-4 decision, the Supreme Court of Canada narrowly overturned, in part, a decision by the British Columbia Court of Appeal and held that consumers in British Columbia seeking to certify class action proceedings asserting rights, benefits or protections under s. 172 of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2 (the "BPCPA") may proceed with their suits notwithstanding prior contractual commitments to mediation or arbitration.