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Appeals Jurisdiction Canada

Stikeman Elliott LLP

The British Columbia Court of Appeal Affirms Extraterritorial Reach of BC’s Replacement Worker Restrictions

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This post updates our earlier commentary on the decision of the BC Supreme Court in Gate Gourmet Canada Inc. v Unite Here, Local 40, 2024 BCSC 1528. The British Columbia Court of Appeal (the "BCCA") has weighed in on the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Court of Appeal Clarifies Path for Secondary Picketing Injunctions

In Purolator Inc. v. Canadian Union of Postal Workers, 2025 ONCA 565, a split Court of Appeal for Ontario addressed whether a company that is not itself in a labour dispute must proceed under the specialized labour-injunction...more

Bennett Jones LLP

Screening By the Authorizing Judge: Québec Court of Appeal Upholds the Principle of Partial Dismissal in Salko c. Financière...

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On January 30, 2025, the Québec Court of Appeal rendered a judgment in Salko c. Financière Banque Nationale inc., 2025 QCCA 74 (Salko) providing clarity on the application of the Quebec Consumer Protection Act (QCPA) and on...more

Bennett Jones LLP

Similarity Between Cross-Jurisdictional Class Actions Is Not Enough to Justify Staying One Action Pre-Certification

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In InvestorCOM Inc. v. L’Anton, 2025 BCCA 40, the BC Court of Appeal upheld the chambers judge’s decision not to strike the plaintiff’s claim because of a parallel action in Ontario that also sought certification as a...more

Eversheds Sutherland (US) LLP

Fifth Circuit requires Chapter 15 debtor to litigate in Texas state court

It may be fair to say that non-US entities involved in a chapter 15 case, the mechanism through which US courts recognize foreign insolvency proceedings, do not anticipate having to litigate claims raised in the chapter 15...more

Smart & Biggar

Confidential rebate reporting and new price regulatory factors of the amended Patented Medicines Regulations declared invalid by...

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On February 18, 2022, the Court of Appeal of Quebec released its decision in Merck Canada Inc c Procureur général du Canada (2022 QCCA 240). This is the appeal of the Quebec Superior Court decision declaring price and revenue...more

Bennett Jones LLP

B.C. Court of Appeal Provides its First Pronouncement on Sequencing Issues

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The B.C. Court of Appeal’s decision in British Columbia v The Jean Coutu Group (PJC) Inc., 2021 BCCA 219, is the first time the B.C. Court of Appeal has weighed in on class action sequencing issues. The core issue on appeal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A Canadian Cautionary Tale on Settlements for Federally Regulated Employers

A Federal Court of Appeal decision, Bank of Montreal v. Li, is a cautionary tale for federally regulated employers about the limits of settlement agreements in resolving unjust dismissal complaints. Background - ...more

Blake, Cassels & Graydon LLP

Court of Appeal for Ontario Reaffirms Stringent Test for Piercing the Corporate Veil

In its recent decision in Yaiguaje v. Chevron Corporation, the Court of Appeal for Ontario (OCA) reaffirmed the principle of corporate separateness and confirmed the stringent requirements that must be proven in order to...more

Smart & Biggar

Rx IP Update - May 2018

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An Update on Vanessa’s Law - This is a special update on the Protecting Canadians from Unsafe Drugs Act (Vanessa’s Law) which was approved on November 6, 2014 (as previously reported), amending the Food and Drugs Act...more

Bennett Jones LLP

Mining Company Asks Supreme Court to Hear Its Challenge to Allegations of Human Rights Abuses in Eritrea

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Nevsun Resources, a British Columbia mining company, has asked the Supreme Court to hear its appeal from a recent B.C. ruling that would send the human rights claims of a group of Eritrean plaintiffs towards trial....more

Smart & Biggar

Rx IP Update - 2017 Highlights in Canadian Life Sciences IP

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The year 2017 was one of the most significant years for Canadian Life Sciences IP and Regulatory Law in Canada’s history. The year saw major developments in patent linkage, patent term, and substantive patent issues. As we...more

Bennett Jones LLP

Ontario Court of Appeal Grounds Class Action Jurisdiction Challenges

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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

Bennett Jones LLP

Now You See It, Now You Don’t: SCC Upholds Worldwide Injunction That Alters Google Search Results

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The Supreme Court of Canada has upheld a novel injunction order against Google, requiring it to remove certain websites from worldwide search results. For litigants in Canadian courts, Google v. Equustek enlarges both the...more

Smart & Biggar

RX IP Update - January 2017

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Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld - As previously reported, the Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the...more

Bennett Jones LLP

Global Warming: Court of Appeal Shows Openness to Global Classes

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Class Action Case Update: The Ontario Court of Appeal's recent decision in Excalibur Special Opportunities LP v Schwartz Levitsky Feldman, 2016 ONCA 916 addresses when to assume jurisdiction in a global class action. ...more

Blake, Cassels & Graydon LLP

Maybe You Can Search This? SCC Grants Leave to Appeal From Global Restraining Order Against Google

The Supreme Court of Canada has granted leave to appeal from Equustek Solutions Inc. v. Google Inc., a decision that affirmed a global restraining order against Google Inc. (Google) and Google Canada Corporation (Google...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Addresses Recognition, Enforcement of Foreign Judgments in Chevron Case

In a much anticipated ruling, the Supreme Court of Canada (SCC) has released its decision in Chevron Corp. v. Yaiguaje, addressing recognition and enforcement of foreign judgments. The SCC unanimously held that for a Canadian...more

Bennett Jones LLP

Conflicting Decisions on Whether Parallel Class Actions Constitute An Abuse of Process

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Two recent decisions of the Nova Scotia Court of Appeal and the Court of Queen’s Bench of Alberta have come to opposite conclusions regarding whether it is an abuse of process to file the same class proceeding in multiple...more

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