The tragic case of a death at a Disney Springs restaurant underscores the critical importance of thoroughly understanding and scrutinizing the Terms of Use agreements we all often accept without … Read More
The British Columbia Court of Appeal underscores the importance of providing sufficient evidence underlying a company’s decision not to prosecute or defend a derivative action.
In Eastern Platinum Limited v. Ren, … Read More
I'm never gonna leave you
I never gonna leave
Holdin' on, ten years gone
Jimmy Page and Robert Plant
About 10 years after issuing her claim, the representative plaintiff filed a certification application. … Read More
Before October 3, 2022, the rules of procedure in the Saskatchewan Court of Appeal (unlike those in most other appeal courts in Canada) imposed a stay of proceedings in most … Read More
The deal has closed and the shares have transferred. However, the agreement notes the possibility of a post-closing price adjustment for adjustments discovered before a deadline, but there is no … Read More
What evidence can courts consider when interpreting a contract?
Courts generally aren’t allowed to consider pre-contractual negotiations when interpreting a contract – but that may need to be reconsidered, according to … Read More
Is the presence of a product recall sufficient to support a class action proceeding? Two recent appellate decisions involving automotive recalls illustrate that recalls cannot be blindly relied on as … Read More
On February 5, 2021, the Supreme Court of Canada released its decision in Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 (Wastech). Heard together with … Read More
On December 18, 2020, the Supreme Court of Canada released its decision in C.M. Callow Inc. v Zollinger et al, 2020 SCC 45 (“Callow”). In this decision, the Supreme Court … Read More
Authors: Eileen Libby, Q.C., Calen Nixon, Mark Roney
Is an employee entitled to their incentive bonus pay after constructive dismissal? Canadian courts have continued to debate the exclusion of bonus entitlements arising during the … Read More
