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Employment Law Changes on Severability? Interview of counsel in upcoming ONCA...
The contentious issue of severability clauses within the realm of employment law rears its head again in North v Metaswitch Networks Corporation, (Superior Court File # CV-16-2485-00, Ontario Court of...
View ArticleRBC Dominion Securities Inc v Crew Gold Corporation: Seeking Contractual...
In merger and acquisition (“M&A”) transactions, investment banks are tasked with guiding their clients through a successful sale of their company. Similar to a real estate agent, an investment bank...
View ArticleUniprix inc. v. Gestion Gosselin et Bérubé inc: The Supreme Court Clarifies...
When parties sign a contract, they have usually settled on an agreement that they find to be mutually beneficial, and are therefore happy to do business with one another. However, issues can arise when...
View ArticleThe Ontario Court of Appeal Assumes Jurisdiction over Absent Foreign Claimants
On October 17, 2017, the Ontario Court of Appeal (“ONCA”) released Airia Brands Inc v Air Canada, 2017 ONCA 792 [Airia], an important decision in which the ONCA clarified and restated the test for...
View ArticleDiscord and the Sword: An Estate Dispute and Proprietary Estoppel in...
In Cowper-Smith v Morgan, 2017 SCC 61 [Cowper-Smith], the Supreme Court of Canada (“the Court”) brings back painful memories of first-year Contracts and attempts to clarify the complex equitable...
View ArticleHeller v Uber Technologies Inc: Arbitration Clause Stops a $400 million Class...
Around the world, there is fierce debate about whether Uber drivers should be characterized as customers, independent contractors, or employees. In January 2018, the ONSC released its ruling in the...
View ArticleChurchill Falls v Hydro-Quebec: Serving Contracts with a Twist of...
A lot can change in 65 years, and most of it is unforeseeable. Can a contract be renegotiated to reflect these changes? In Churchill Falls (Labrador) Corp v Hydro-Quebec, 2018 SCC 46 [Churchill Falls],...
View ArticleThe Saga of Uber’s Arbitration Clause Continues: Heller v Uber Technologies
The phrase “call an Uber” has become a ubiquitous part of modern parlance, just as the service itself has become a common feature of how people get from point A to point B. The ride-sharing service is...
View ArticleContractual Interpretation and Indemnity for Environmental Damage in Grassy...
On 28 March 2019, the Supreme Court of Canada (“SCC”) will hear Resolute FP Canada Inc, et al v Ontario (Attorney General), 37985, an appeal of a lengthy 270-paragraph decision from the Court of Appeal...
View ArticleA Valid Arbitration Agreement is a Valid Arbitration Agreement
Consumers sign contracts to gain access to all kinds of goods and services, such as credit cards, cell-phone service, and internet. Increasingly, sellers and suppliers are putting arbitration clauses...
View ArticleModern Cleaning Concept v Comité Paritaire: Franchisee, Employee or Both?
Can franchisees be legally considered employees of a franchisor? Prior to Modern Cleaning Concept v Comité Paritaire, 2019 SCC 28 [Modern Cleaning], we may have thought this possibility would be...
View ArticleAppeal Watch: SCC Revisits Bhasin and the Duty of Good Faith in Contract
The Supreme Court of Canada (“SCC”) heard two cases on the contractual duty of good faith last month. The date of the hearings landed coincidentally close to the five-year anniversary of Bhasin v...
View ArticleSCC Grants Leave to Appeal on Pre-Incorporation Agreement Dispute
In one of its final acts of 2019, the Supreme Court of Canada (“SCC”) granted leave to appeal to a legal dispute over the binding of a pre-incorporation agreement. In The Owners, Strata Plan LMS 3905...
View ArticleMatthews v Ocean Nutrition: Departed employee awarded $1M bonus from...
A dismissed employee is entitled to a bonus that vests during their notice period, absent clear contractual language to the contrary. In Matthews v Ocean Nutrition Ltd, 2020 SCC 26 [Matthews], the...
View ArticleThe Anti-Deprivation Rule finds its way to the SCC in Chandos Construction...
Chandos Construction Ltd v Deloitte Restructuring Inc 2020 SCC 25 (“Chandos”) explores a number of issues but the main one addresses the anti-deprivation rule and whether its application requires an...
View ArticleOwners, Strata Plan LMS 3905 v Crystal Square Parking Corp: Parking Within...
On October 23, 2020, the Supreme Court of Canada (“SCC”) released its decision on Owners, Strata Plan LMS 3905 v Crystal Square Parking Corp, 2020 SCC 29 [Strata], a case that reinforced the...
View ArticleA Low Threshold for Advancing Class Actions is Reaffirmed in Desjardins...
In Desjardins Financial Services Firm Inc v Asselin, 2020 SCC 30 [“Desjardins”], the Supreme Court of Canada (“SCC”) engaged in a debate about how to properly assess the law of class actions in...
View ArticleC.M. Callow Inc. v. Zollinger: Silence Results in a Breach of Contract
In the Supreme Court of Canada’s (“SCC”) recent decision, C.M. Callow Inc. v. Zollinger, 2020 SCC 45 [Callow SCC], the Court expanded their holding from Bhasin v. Hrynew, 2014 SCC 71 [Bhasin]. Bhasin...
View ArticleContract assigned to Hydro-Québec authorizes them to collect fees from...
When a contract was signed almost 100 years ago and the original parties have been amalgamated into or become new entities, who are the parties to that contract, and can they act on it? In a nutshell,...
View ArticleSCC Denies Leave to Appeal from Ontario Decision Voiding More Employment...
In Ontario, one invalid termination clause in an employment contract will now render all of the contract’s termination provisions void. In Waksdale v Swegon North America Inc., 2020 ONCA 391...
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