Litigation Update

In May 2020, the Alberta Court of Appeal (CA) released its decision in Phoa v Ley, 2020 ABCA 195. The decision, upholding an order to strike parts of an affidavit, gives useful guidance on the application of the principle of settlement privilege. The CA... Read more

On July 13, 2020, the Superior Court of Quebec rendered a decision in Hengyun International Investment Commerce Inc. v. 9368-7614 Québec Inc., 2020 QCCS 2251 in which it held that a tenant was relieved from its obligation to pay rent under... Read more

On July 8, 2020, Bill 161, the Smarter and Stronger Justice Act, 2020, received Royal Assent. As we discussed previously, Bill 161 makes a number of amendments to Ontario’s Class Proceedings Act, 1992 (CPA), including the introduction of a more... Read more

In Uber Technologies Inc. v. Heller (Uber), 2020 SCC 16, the Supreme Court of Canada held that the mandatory arbitration clause in Uber’s service agreement that prescribed arbitration take place in the Netherlands and required drivers to pay US$14,500... Read more

The COVID-19 pandemic has affected all aspects of the Canadian court system, resulting in limitations on operations and access. While things are slowly beginning to reopen, delays in the court system are significant and are likely to remain a concern going... Read more

In this litigation webinar, Éric Azran, Pierre-Luc Benoit, Patrick Essiminy and Frédéric Paré discuss the risks faced by businesses due to COVID-19 (in French only). In particular, the following topics are discussed: A global... Read more

Are class action judges becoming more comfortable with virtual hearings? A recent Ontario decision ordering a two-day leave motion under the secondary market provisions of the Securities Act “(Ontario)”  to proceed by Zoom suggests... Read more

The Canadian Federal Courts have now announced that the temporary measures implemented to address the COVID-19 pandemic, such as adjournment of hearings and suspension of certain timelines in ongoing proceedings, will be gradually lifted, with significant... Read more

This significant recent decision of the Supreme Court of Canada confirms (i) that a CCAA supervising judge enjoys broad discretion and the necessary jurisdiction to prevent a creditor from voting on a plan of arrangement when the creditor is acting for... Read more