Religious Organization Oppressed its Members: Sandhu v Siri Guru Nanak Sikh...
A landmark decision of the Alberta Court of Appeal (“ABCA”) in Sandhu v Siri Guru Nanak Sikh Gurdwara of Alberta, 2015 ABCA 101 [Sandhu], extends the oppression remedy outside of the corporate context...
View ArticleIf I were now a Quebec broker… Implications of Societe en commandite Place...
It is not every Supreme Court of Canada (“SCC”) case that deals with situations which thousands of Canadians encounter daily, and it is not every decision that has the potential to have immediate...
View ArticleRemedy Drug Store Co Inc v Farnham: Repudiation is a Particularly...
Introduction Remedy Drug Store Co Inc v Farnham, 2015 ONCA 576, is centered on a dispute over whether the parties reached a settlement agreement arising out of the breakdown of an employment...
View ArticleHolland v Hostopia.com: The Importance of Fresh Consideration when...
In the recently released decision Holland v Hostopia.com Inc., 2015 ONCA 762 [Holland], the Ontario Court of Appeal reaffirms the importance of fresh consideration where the employer seeks to amend the...
View ArticleEvans Sweeny Bordin LLP v Zawadzki: Limits on Contractual Freedom Between...
In the civil litigation context, it has been a client’s longstanding right to challenge the reasonableness of his or her lawyer’s account for services rendered. Clients may apply to have a lawyer’s...
View ArticleSwern v Amazon Hardwood Centre Inc: Clever Judicial Decision-Making or...
Due to a dearth of commercial appellate decisions around the holiday season, a tort decision from the Ontario Divisional Court has caught my attention. Swern v Amazon Hardwood Centre Inc, 2015 ONSC...
View ArticleLivent v Deloitte: Has the Fat Lady Finally Sung?
The Executives of Livent were masters of live performance. Known for producing popular shows such as The Phantom of the Opera and Show Boat, they never thought their own escapades would play out in the...
View ArticleLawyers Beware: Roth Estate v Juschka and the Need for Independent Legal...
Roth Estate v Juschka, 2016 ONCA 92 [Roth] is a case where the circumstances under which legal advice was given to family members in the context of a ‘share purchase’ did not purport to necessitate the...
View ArticleLivent v Deloitte: Has the Fat Lady Finally Sung?
The Executives of Livent were masters of live performance. Known for producing popular shows such as The Phantom of the Opera and Show Boat, they never thought their own escapades would play out in the...
View ArticleKeenan v Canac Kitchens: A Victory for Precarious Workers in Ontario
Being laid off close to the age of retirement can be quite a devastating experience. It is all the more devastating when you have worked for the same company for three decades and your skills may not...
View ArticleRoss-Clair v Canada (Attorney General): Contractors Beware of Charging for...
Ross-Clair, a division of R.O.M. Contractors Inc. v Canada (Attorney General), 2016 ONCA 205 [Ross-Clair] is the Ontario Court of Appeal’s (“ONCA”) latest decision affecting the commercial construction...
View ArticleLedcor Construction: The First and Large Exception to Sattva
Canadians routinely open bank accounts, take out loans, sign insurance, and wireless agreements. To facilitate these daily processes, companies often use standard form contracts. You do not need legal...
View ArticleMoney, Mortgages and Mayhem: The highly anticipated appeal on indefeasibility...
Controversy surrounding new provincial legislation in British Columbia to curb foreign investment in the housing market and talks of similar measures for Ontario have kept all eyes on the red-hot...
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And This Little Piggy Went to the Market: Court Rules that Quebec’s Farm...
Lafortune v Financière agricole du Québec, 2016 SCC 35, is a recent decision by the Supreme Court of Canada directly impacting Québec’s farming industry. The decision affirms La Financière Agricole du...
View ArticleSingh v Trump: How ONCA Trumped Toronto Real Estate Developers Gone Wild
In 2009, fully oblivious to the housing market collapse in the United States, I thought it a good idea to get into the Toronto condo market. With down payment money borrowed from my parents, I signed...
View ArticleDouez v Facebook: Forum Selection Clauses in Contracts of Adhesion
On November 4th, the Supreme Court of Canada (“SCC”) heard oral submissions in the case of Douez v Facebook [Douez]. The appellant, Ms. Douez, sought to overturn an unanimous decision of the BC Court...
View ArticleAnd This Little Piggy Went to the Bank…in 2016: Royal Bank of Canada v Trang
Judgment creditors across Canada…Here ye, here ye! On November 17, 2016, the Supreme Court of Canada was presented with a weighty opportunity to determine how Canada’s federal privacy law, Personal...
View ArticleStyles v Alberta Investment Management Corporation : Understanding and...
The case of Styles v Alberta Investment Management Corporation, 2017 ABCA 1, [Styles], began with the termination of the respondent without cause. The question in this case was: what sort of...
View ArticleRectification is Not Equity’s Mulligan: New Insights on the Law of...
The Supreme Court of Canada (“SCC”) has recently delivered two companion judgments, Canada (Attorney General) v Fairmont Hotels Inc., 2016 SCC 56 [Fairmont] and Jean Coutu Group (PJC) Inc. v Canada...
View ArticleSabean v Portage La Prairie Mutual Insurance Co : Applying Ledcor and...
In its most recent decision, Sabean v Portage La Prairie Mutual Insurance Co, 2017 SCC 7 [Sabean], the Supreme Court of Canada (“SCC”) interprets whether the Canada Pension Plan (“CPP”) is a “policy...
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