Litigation Update

While they are commonplace in U.S. M&A, “absorptive” mergers have only recently begun to make inroads in Canada as a mechanism to manage tax and regulatory considerations and risks associated with statutory plans of arrangement. In an absorptive... Read more

On June 15, 2018, the Supreme Court of Canada delivered its highly anticipated decisions in Trinity Western University, et al. v. Law Society of Upper Canada, and Law Society of British Columbia v. Trinity Western. By a 7-2 majority in both cases, the... Read more

Third-party funding (“TPF”) is becoming a hot-button topic as it receives broader acceptance in Canada outside of the realm of class actions and international disputes.[1] However, many counsel remain unaware or skeptical of TPF as a strategic... Read more

In Smith v. Armstrong et al., a decision released on April 17, 2018, the Ontario Superior Court of Justice dismissed a proposed class proceeding for reasons of delay. The proceeding was initiated in January 2000 on behalf of members of the Canadian Armed... Read more

The Federal Court of Appeal has affirmed that “deal privilege” will continue to protect the sharing of legal advice among parties to a commercial transaction – even where the parties are on opposite sides of the deal. In Iggillis Holdings... Read more

Two of our securities litigators, Alexander Rose and Sinziana Hennig, have written a short guide to securities litigation in Canada, with a particular focus on Ontario. Published by U.K.-based Law Business Research as part of their “Getting the Deal... Read more

Two years after introducing the government-wide Integrity Regime as a further means to deter and address corporate wrongdoing, the Government of Canada sought public consultation to determine whether the Integrity Regime is achieving its objectives. The... Read more

In a landmark unanimous judgment released on November 25, 2016, in the case of Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52 ("Aviva"), the Supreme Court of Canada clarified various aspects of the litigation privilege, a common law rule which... Read more

The Honourable Justice Paul Perell of the Ontario Superior Court of Justice has released two recent decisions in proposed secondary market securities class actions considering the Supreme Court of Canada's decision in Canadian Imperial Bank of Commerce... Read more