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Stikeman Elliott LLP | Canada | 27 Jun 2016

Bulk Sales Repeal Headlines Ontario’s Burden Reduction Bill

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


Stikeman Elliott LLP | Canada | 19 Feb 2014

Product liability law in Canada: 2013 year in review

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


Stikeman Elliott LLP | Canada | 31 Oct 2013

Court of Appeal affirms dismissal of negligence claim for defective but non-dangerous washing machines

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


Stikeman Elliott LLP | Canada | 28 Mar 2013

Federal Court of Appeal confirms availability of contractual waiver of class actions in favour of arbitration absent contrary statutory language

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


Stikeman Elliott LLP | Canada | 25 Mar 2013

The Court of Appeal decides that an employer may waive a notice of resignation given by an employee without paying an indemnity

The Court of Appeal recently rendered a decision that has major implications in that it reverses the dominant Case law position in Quebec with


Stikeman Elliott LLP | Canada | 24 Jul 2012

Court of Appeal of Québec and Federal Court of Canada examine the effect of arbitration clauses on class action proceedings

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.


Stikeman Elliott LLP | Canada | 9 Aug 2011

Leave to appeal is granted in franchise class proceeding

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.


Stikeman Elliott LLP | Canada | 2 Aug 2011

OPA waives pre-NTP termination rights for FIT contracts

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.


Stikeman Elliott LLP | Canada | 28 Apr 2011

Where FSCO provides a form of waiver, use that form, says Ontario Court of Appeal

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.


Stikeman Elliott LLP | Canada | 20 Apr 2011

Supreme Court of Canada allows the pursuit of a class action despite a contractual mandatory arbitration clause

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.

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