Articles


The Supreme Court of Canada Recognizes the Need for Procedural Innovation in the Management of Multi-Jurisdictional Class Actions (And Beyond?)

The Supreme Court of Canada’s October 2016 decision in Parsons v. Ontario and Endean v. British Columbia has significant implications for the adjudication and management of class actions in Canada.

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Ledcor and the trouble with taking a categorical approach to standards of review

The Supreme Court of Canada’s recent decision in Ledcor Construction Ltd v Northbridge Indemnity Insurance Co is seen as an exception to its earlier decision in Sattva Capital Corp v Creston Moly Corp. View pdf article

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So You Want to Fix Your Trial Decision: Damages in the Appeal Context

“Appeals of damages awards” is a dauntingly broad topic, and any attempt to canvass allof the issues that it encompasses would necessarily fall short (and still be a painful slog to get through). Instead, we have a put together this brief primer to introduce a few key issues:standards of review, the Court of Appeal’s attitude […]

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Honour among business people: the duty of good faith and contracts in the energy sector

The recognition of a “duty of good faith” was a contentious issue for Canadian courts for many years, despite its recognition in other jurisdictions. In 2014, the Supreme Court of Canada recognized that parties to a contract have a duty to perform all contractual obligations in good faith. This article explores the history behind the […]

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“The Digital and Internet Age Meets the Law of Search and Seizure” as the S.C.C. Clarifies the Law on Search Warrants and Computers in R v. Vu

The Supreme Court of Canada recently released a unanimous judgment in R. v. Vu [Vu],1 in which it ruled that authorities must obtain specific authorization in a search warrant in order to search computers located on premises covered by the warrant. In this case, the police collected incriminating evidence against Mr. Thanh Long Vu from […]

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S. Chaudhury, “Settlement Privilege 101”

Shantona Chaudhury explains the current state of the law on settlement privilege, and the significance of the clarifications that the Supreme Court of Canada brought to this area of the law in two recent decisions: Sable Offshore Energy v. Ameron International Corp. and Union Carbide Canada Inc. v. Bombardier Inc. The paper was recently presented […]

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P. Pape and J. Nairn, “Moore v. Getahun: Practical Questions About Expert Witness Interactions”

In January 2015, the Court of Appeal released its highly-anticipated decision in Moore v. Getahun. The case was a medical malpractice action that occasioned great interest from the civil litigation bar because of its implications for the relationship between counsel and expert witnesses. The decision of the trial judge held that the 2010 Amendments to […]

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A. Bolieiro, “Bhasin v. Hrynew and the principle of good faith in contracts: Moving towards a modern view of commercial relationships”

The Supreme Court’s decision in Bhasin has raised eyebrows among commercial lawyers. A corporation, complying fully with the express provisions of its contract, was nevertheless found liable because of its dishonest conduct in performing that contract. In reaching this conclusion, the Supreme Court recognized an “organizing principle” of good faith, as well as a duty […]

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S. Chaudhury, “Hryniak v. Mauldin: The Supreme Court issues a clarion call for civil justice reform”

The Supreme Court of Canada’s decision in Hryniak v. Mauldin radically changed the approach to summary judgment in this province in the name of efficiency. Shantona Chaudhury discusses the practical impact the decision had in the months following its release, and sees promise in how it has been taken up. View pdf article.

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S. Chaudhury, “Hrnyiak v. Mauldin: Has the Supreme Court finally provided us with clear guidance on summary judgment?”

The Supreme Court of Canada’s intention in Hryniak v. Mauldin was to sow the seeds of a “culture shift” in the approach to summary judgment in Ontario, and to litigation in Canada. The Court endorsed a robust model of summary judgment that transforms the procedure “from a means to weed out unmeritorious claims to a […]

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