Litigation Update

IP owners have recently gained a new tool to help stop infringement on the Internet. Canada’s Federal Court has, for the first time, issued an order requiring non-party Internet service providers to block access to websites used to operate unauthorized... Read more

Daniel Murdoch, partner in Stikeman Elliott’s Litigation & Dispute Resolution Group, authored the Canadian chapter on attachment orders (freezing injunctions) in a cross-border comparison publication by Practical Law (Thomson Reuters). This publication... Read more

The Supreme Court of Canada extends the right to sue under section 36 of the Competition Act to umbrella purchasers who bought products from manufacturers not alleged to have been involved in any price fixing conspiracy. On September 20, 2019, the Supreme... Read more

On May 30, 2018, the Quebec National Assembly unanimously adopted Bill 162, An Act to amend the Building Act and other legislative provisions mainly to give effect to certain Charbonneau Commission recommendations. The legislative changes in Bill 162... Read more

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