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Waiver of Tort as a Cause of Action or the Remedy for Disgorgement?

There has been an ongoing controversy in Canada’s courts over whether the doctrine of ‘waiver…

The Duty of Care and Pure Economic Loss, Pt. 2

As mentioned at the end of our last blog post, we are continuing the discussion…

The Duty of Care and Pure Economic Loss: Part 1

In a previous blog post, we outlined the issues in the case of 1688782 Ontario…

Class Proceedings and An Infinite Limitation Period

Limitation periods exist in litigation in order to facilitate a reasonable resolution to a legal…

Changes to the Class Proceedings Act Take Effect October 1

Bill 161, a Bill including a number of amendments to several Acts, received Royal Assent…

Shareholder Disputes Expected to Rise in Canada’s Cannabis Industry

When cannabis was legalized in Canada in 2018, many people, including financial investors, assumed the…

SCC Deems Uber Arbitration Clause “Unconscionable”

A few weeks ago, we wrote about the enforceability of arbitration clauses in various contexts.…

The Enforceability of Arbitration Clauses in Ontario

Whether in a shareholder agreement or an employment contract, the enforceability and permissible scope of…

Class Proceedings Expected to Surge When Courts Resume in Full

As the widespread effects of the COVID-19 pandemic continue to be felt across Canada, even…

Cy-Pres Awards in Class Action Lawsuits

The History of Cy-Près Awards The cy-près doctrine was developed in the English courts of…