Ontario’s Not-for-Profit Business Corporations Act (ONCA), which received royal assent back in 2010, is finally set to come into force on October 19th. Businesses that will be governed by this new legislation will have a three-year grace period, until October 19, 2024, to bring themselves into compliance with the changes under the Act. Below, we […]
Category Archives: Complex Corporate Commercial Litigation
Court Certifies Class Action Against Uber
We have been watching the progress of the proposed class action proceeding between ‘gig economy’ drivers and Uber, an international ride share and food delivery service. To date, the litigation has primarily focused on whether the action could proceed in Canada, or if the drivers would be required to take the dispute to mandatory arbitration […]
Intrusion Upon Seclusion & Third-Party Data Breaches
Data breaches have been making headlines in Canada for a few years, and millions of people have had their data exposed to potential bad actors through breaches of various company databases, from medical labs to telecom companies. Lifelabs, a national lab that performs medical tests on patients across Canada, had its database breached in 2019. […]
SCC Provides Guidance on Interpreting the Wording of a Release
A final release is a document used in various areas of law when the parties involved in litigation have reached a settlement of their issues. In exchange for settling the matter, the plaintiff will often be asked to sign a release waiving the defendant party’s liability in any future claims related to the matter at […]
Cannabis Company Facing Class Action & Fraud Charges
One of the benefits of incorporating a business is the corporation becomes an entity unto itself, meaning the officers and directors are generally shielded from personal liability should something go wrong. However, this isn’t always the case, depending on the specific issue. As demonstrated by the ongoing trials and tribulations faced by an Ontario-based cannabis […]
Changes Coming to Business Corporations Act in July
There are changes taking effect to Ontario’s Business Corporations Act on July 5th, aimed at eliminating certain requirements in an attempt to make it easier for organizations in Ontario to do business. The changes come as part of Bill 213, the Better for People, Smarter for Business Act, which received royal assent near the end […]
Court Finds Director of Corporation Liable for Litigation Abuses
When a corporation is a party to litigation, the risk of a finding of liability or an award of costs generally does not follow the directors or corporate principals in their personal capacity. Corporate officers are commonly shielded from personal liability in corporate actions. However, this protection is not absolute, and courts have jurisdiction to […]
Shareholders’ Agreement Helps Founder Obtain Oppression Remedy
The oppression remedy protects individuals with an interest in a corporation from corporate actions that are harmful by protecting their reasonable expectations. If a claimant can show unfair conduct by a corporation resulting in prejudice to their interests, the oppression remedy enables a court to intervene. Because the key to the remedy is a focus […]
Corporate Directors & Personal Liability for Unpaid Wages
A recent decision of the Ontario Court of Appeal in Abbasbayli v. Fiera Foods Company provides insight into the statutory claims that may be brought against corporate directors for unpaid wages and vacation pay in the context of wrongful dismissal. Terminated Employee Makes Claim for Unpaid Wages Against Corporation and Directors Personally The Plaintiff, Mr. […]
Data Exclusion Clause Limits Insurance Coverage for Cyber Matters
As privacy and cybersecurity concerns grow in significance, digital breaches are a growing area of legal risk. A recent decision of the Ontario Court of Appeal made clear that traditional insurance policies may not extend coverage for cyber matters, potentially leaving businesses vulnerable. On March 15, 2021, the Court released its decision in Family and […]