Civil Litigation
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March 12, 2025
Corporate oppression and good faith claims: Why parties’ intentions matter
When interpreting a contract, including whether the parties acted in good faith, Canadian courts have as their main objective the determination of the parties’ intentions. This is a fact-specific inquiry: Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53.
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March 12, 2025
The SCC’s temporary validity doctrine: A well-intentioned misstep? | Hodine Williams
The Supreme Court of Canada (SCC) has long been celebrated as the guardian of the Constitution, the institution tasked with ensuring that the laws of the land align with the Canadian Charter of Rights and Freedoms. But over the past few decades, a judicial innovation known as “temporary validity” has crept into the court’s toolkit, raising profound questions about its role, its adherence to constitutional principles, and its relationship with the other branches of government.
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March 11, 2025
Ontario reverses 25 per cent electricity surcharge following call with U.S. commerce secretary
A day after announcing a 25 per cent surcharge on Ontario electricity exports to the United States, Ontario Premier Doug Ford has announced the province is suspending the added fee following a discussion with U.S secretary of commerce Howard Lutnick.
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March 11, 2025
Ontario Court of Appeal finds Divisional Court erred in hearing Ontario Land Tribunal appeal
The Ontario Court of Appeal has allowed an appeal in a dispute between two southwestern Ontario towns, finding that the Divisional Court did not have jurisdiction to hear an appeal of an Ontario Land Tribunal decision because it was interlocutory.
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March 11, 2025
Yukon seeking input on upgrading Human Rights Act
Yukon’s government is inviting residents to “share their thoughts” on proposed “improvements” to its human rights legislation.
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March 11, 2025
Two new appointments made to Ontario courts
Minister of Justice and Attorney General of Canada Arif Virani has announced that two judges have been appointed to new positions in courts in Ontario.
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March 11, 2025
Privilege not breached when lawyer disclosed confidential email
Solicitor-client privilege in Canada is a fundamental right that belongs to a lawyer’s client. In most circumstances, only the client can waive privilege. A lawyer may face sanctions by a court or their provincial law society if they disclose a client’s privileged information without their authorization.
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March 10, 2025
Ontario Securities Commission alleges Emerge Canada improperly borrowed $6 million of investor funds
The Ontario Securities Commission (OSC) has alleged that investment fund manager Emerge Canada and two of its senior executives took $6 million of investor funds as loans to cover its operating expenses.
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March 10, 2025
Court certifies class action against Newfoundland town, paper company over flooding damage
The Newfoundland and Labrador Court of Appeal has certified a class action against a town and a paper company over alleged damage to residences by flooding caused by the water control system of a hydroelectric power generating system.
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March 10, 2025
Saskatchewan balks at expansion of federal gun ban
Saskatchewan's government is objecting to the recent expansion of the federal firearms ban, insisting it hurts law-abiding gun owners.