The Supreme Court of Canada will hear five appeals in December that may interest the business community or organizations facing civil litigation....more
In October and November, the Supreme Court of Canada’s docket is largely made up criminal cases. That said, there are three appeals that may interest businesses and organizations facing civil litigation....more
Next week, the Supreme Court of Canada will resume hearing in-person appeals after a brief hiatus because of the COVID-19 emergency. In June 2019, the Supreme Court heard several appeals by videoconference. All other appeals...more
It is not only hackers who pose a risk to an organization's information security; hostile insiders do as well. According to Verizon, an estimated 34 percent of data breaches involve internal actors. Hostile insiders may be...more
Although the Supreme Court has suspended hearing appeals, the Court continues to issue judgments both on appeals and applications for leave to appeal. Hearings scheduled for March, April and May were adjourned on March 25,...more
The Supreme Court this winter will hear (and in one case, has heard and determined) high-profile appeals involving federal and provincial government powers, corporate rights under the Charter of Rights and Freedoms, and two...more
1/22/2020
/ Canada ,
Carbon Taxes ,
Climate Change ,
Creditors ,
Cruel & Unusual Punishment ,
E-Commerce ,
General Contractors ,
Greenhouse Gas Emissions ,
Mandatory Arbitration Clauses ,
Supreme Court of Canada ,
The Companies' Creditors Arrangement Act
In judicial review applications, the reviewing court's decision to grant a remedy is discretionary, even if the applicant makes out its case on the merits (although typically the court will grant remedial relief where the...more
On December 20, 2018, the Ontario Court of Appeal released its decision in the Rana Plaza Class Action (Das v George Weston Limited, 2018 ONCA 1053) affirming the Ontario Superior Court of Justice’s decision to dismiss the...more
12/24/2018
/ Appeals ,
Bangladesh ,
Canada ,
Choice-of-Law ,
Claims Limitations Period ,
Class Action ,
Corporate Governance ,
Corporate Social Responsibility ,
Dismissals ,
Duty of Care ,
Manufacturers ,
Negligence ,
Third-Party Service Provider ,
Workplace Injury
The Supreme Court of Canada’s spring term begins on April 16, 2018. Chief Justice Wagner has already put his stamp on the Court, announcing in February that it would begin releasing “plain language” summaries alongside its...more
With the beginning of the Supreme Court of Canada’s Winter Session on January 8, the Supreme Court of Canada entered a new era following the retirement of former Chief Justice Beverly McLachlin and the appointment of Chief...more
1/24/2018
/ Asset Transfer ,
Bankruptcy and Insolvency Act (BIA) ,
Canada ,
Constitutional Challenges ,
Constructive Trusts ,
Jurisdiction ,
Limitation Periods ,
Philip Morris ,
Securities Litigation ,
Supreme Court of Canada ,
Unjust Enrichment
Companies in Canada or doing business with Canadians beware. The Ontario Court of Appeal has held that Ontario courts can take jurisdiction in class actions over plaintiffs who are not Canadian, do not live or work here, and...more
On July 5, 2017, the Ontario Superior Court of Justice released a 129-page decision in the Rana Plaza class action (Das v George Weston Limited, 2017 ONSC 4129), a proposed class action brought in Ontario on behalf of...more
In Spicer v Abbott Laboratories Ltd, 2017 SKQB 271 [Spicer], Justice Barrington-Foote declined to stay a class action even though parallel proceedings brought by the same counsel were dismissed in Québec, British Columbia and...more
The Supreme Court of Canada’s fall term begins on October 2. Scheduled hearings that may interest the business community are described below...more
If you are a healthcare data custodian that is subject to a ransomware attack, you may be required to report the incident to regulators and to those individuals whose information was subject to the attack....more
Kalra v Mercedes Benz Canada, 2017 ONSC 3795, is a recent certification decision of the Ontario Superior Court in which Justice Belobaba certified the proposed emissions standards class action seeking damages for diminution...more
Given the increasing threat of cyberattacks and the corresponding costs, businesses are increasingly considering cybersecurity insurance. But insurance is only as effective as the scope of the coverage. Though Canadian...more
The Supreme Court of Canada’s spring term begins on April 18. This term has a lot of interesting criminal cases, but only a few that may be interesting to the business community...more
While corporate executives are increasingly becoming aware of their obligation to be informed of cybersecurity threats and the steps being taken by their company to prevent data breaches, it is equally important for...more
In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more
2/10/2017
/ Ashley Madison ,
Bitcoin ,
Breach Notification Rule ,
Canada ,
Class Action ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Popular ,
Ransomware ,
Risk Assessment ,
Risk Management ,
Yahoo!
The Supreme Court of Canada’s Winter Term begins on January 11. The most notable case on the docket is Deloitte & Touche v Livent Inc. In 2014, Ontario trial judge Justice Gans awarded Livent's receiver $118 million in...more
In as little as 13 seconds, all of a company's data can be stolen by simply plugging in a USB drive.
Intelligence agencies famously used this approach when uploading the Stuxnet worm at an Iranian nuclear facility, but...more
The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more
10/17/2016
/ Aboriginal Issues ,
Apotex ,
Arbitration ,
AstraZeneca ,
Canada ,
Forum Selection ,
Insurance Industry ,
Patent Litigation ,
Reasonable Accommodation ,
Standard of Review ,
Supreme Court of Canada ,
Terms of Service ,
Trade Secrets