Michelle Awad inducted as a Fellow of the International Academy of Trial Lawyers

The 2024 decision of the Supreme Court of Newfoundland and Labrador – General Division in Interprint Systems Limited et al. v. Co-operators…

On April 30, 2024, the Ontario Divisional Court decided the victim of a serious cyber security incident was required to produce to privacy…

Do cultural practices play a role in the assessment of damages for wrongful death claims? There is British Columbia precedent for awarding…

In a decision that will be helpful in future assessments of damages for soft tissue injuries, on December 21, 2023, the Nova Scotia Court of…

In its October 19, 2023 decision in Roach v. Nordic Ins. Co. of Canada, the Nova Scotia Supreme Court confirmed that Workers’ Compensation…

Insureds aren't automatically entitled to a defence from their insurers. Liability policies generally provide two types of coverage: coverage…

There’s a new scam on the web: Electronic Fund Transfer (EFT) scams. Most are familiar with established scams like phishing and ransomware and…

The Nova Scotia Supreme Court has added a new, lower range for general damages in sexual abuse civil cases. Damages in sex abuse cases are…

The Alberta Court of Appeal recently sent a strong message to insureds: utmost good faith is not only key but is required in insurance claims.…

In November 2022, the Ontario Court of Appeal definitively decided an organization whose information systems are breached by a malicious third…

The insurer’s duty to defend a claim made against its insured is inextricably tied to coverage: there can be no duty to defend without a…

On November 10, 2022, the Supreme Court of Canada examined the interaction of arbitration and bankruptcy and insolvency proceedings, deciding a…

The Supreme Court of Canada’s “Jordan” framework, introducing strict timelines for determining unreasonable delay in the context of…

On April 14, 2022, the New Brunswick Court of Appeal released its decision in Royal Bank of Canada v. Estate of Susan Lynn Williams, revisiting…

On March 28, 2022, the Supreme Court of Newfoundland and Labrador (General Division) decided that in a personal injury case, quantification of…

On March 18, 2022, the Supreme Court of Canada confirmed that an Indigenous government can still satisfy the impecuniosity requirement for an…

The Supreme Court of Canada’s recent consideration of estoppel and waiver in the context of a fatal injury case in Trial Lawyers Association…

Updated June 17, 2024. On May 17, 2022, the P.E.I. Non-disclosure Agreements Act took effect, significantly restricting the use of…

On January 26, 2022, the British Columbia Court of Appeal extended an injunction preventing protesters from interfering with a logging…

Updated October 7, 2024. The name of the game is to have a plan to mitigate the risk that a data breach will happen – but be ready when it…

On November 19, 2021, in Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, the Supreme…

On November 4, 2021, the Supreme Court of Canada clarified the law regarding when a judgment debtor “carries on business” for the purpose of…

On October 21, 2021, the Supreme Court of Canada clarified the law concerning the circumstances in which government organizations - including…

On September 9, 2021, the Nova Scotia Court of Appeal released its decision in Aviva Insurance v. PK Construction Ltd. Dealing with Nova…

On July 28, 2021, the Supreme Court of Canada issued a decision protecting the status of the Companies’ Creditors Arrangement Act (CCAA) as a…

On July 29, 2021, the Supreme Court of Canada refined the test for determining when a plaintiff has discovered a claim for the purpose of a…

Canadian entities regularly contract with foreign companies to provide services in Canada. To complete its obligations under the contract, the…

The Supreme Court of Canada continues to develop and clarify the organizing principle of good faith performance in contract law. In its 2014…

The Supreme Court of Canada, in the 2014 case of Bhasin v. Hrynew, recognized a general organizing principle of good faith performance in…

On October 2, 2020, the Supreme Court of Canada clarified the existence and application of the anti-deprivation rule in Canadian bankruptcy law.…

This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…

The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.

New types of claims will emerge while insurers may see an evolution or even decrease in the traditional types. Here are the types of claims and…

This publication has been updated as of April 23, 2021. Employers that hire and employ temporary foreign workers must comply with many and…

The Supreme Court of Canada recently released a much-awaited decision regarding the Companies’ Creditors Arrangement Act (CCAA). The CCAA is…

The global and domestic spread of COVID-19 has forced Canadians to reassess their upcoming travel plans – and insurers to assess their travel…

The global COVID-19 (a.k.a. Coronavirus or SARS-CoV-2) outbreak has implications for many commercial relationships, its evolving nature and…

NOTE: On July 23, 2021, the Supreme Court of Canada agreed with the Newfoundland & Labrador Court of Appeal’s decision respecting the law,…

On December 23, 2019, the Newfoundland and Labrador Court of Appeal effectively eliminated the category of “knowledgeable fact witness” in…

On November 20, 2019, the Nova Scotia Court of Appeal confirmed pursuant to section 113BA(1) of Nova Scotia’s Insurance Act, in the context of…

Effective December 1, 2019, the New Brunswick government will finally finalize the reform of N.B.’s money judgment enforcement regime with the…

Information disclosure is a key theme that emerges from Canada’s new cannabis regulatory regime: the government wants lots of information from…

Updated July 10, 2024. If you “own” a company incorporated under either the Canada Business Corporations Act or under the corporate…

The growing global population is feeding global demand for seafood. Growing demand is likely to drive investment, particularly mergers and…

On January 18, 2019, the Nova Scotia Court of Appeal rendered its unanimous (5-0) decision in Holland v. Sparks, overturning a motion decision…

NOTE: On November 20, 2019, the Nova Scotia Court of Appeal upheld the trial court’s decision and confirmed pursuant to section 113BA(1) of…

Immigration is one of the key solutions to looming (and current) worker shortages in Canada. But an employer that hires a foreign worker must…

On May 8, 2018, for the first time, the Nova Scotia Supreme Court has ruled on the deductibility of Workers’ Compensation Board Extended…

Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…

Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…

Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…

On October 27, 2017, the Supreme Court of Canada confirmed that a bank that pays out on a fraudulent cheque has the protection of section 20(5)…

Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…

In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…

A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

The legal landscape of cannabis (a.k.a. marihuana, weed, pot …) is changing, both reflecting - and contributing to - more relaxed attitudes…

On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…

On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…

On June 2, 2017, the Supreme Court of Canada decided that where a plaintiff advances a claim for negligently caused psychological or psychiatric…

On May 2, 2017, the N.S. Court of Appeal decided another case involving the deductibility of CPP disability benefits – but this time, in the…

In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great…

On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

On January 27, 2017, the Supreme Court of Canada decided in Sabean v. Portage La Prairie Mutual Insurance Co. that future CPP disability…

On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…

The Newfoundland and Labrador Court of Appeal recently affirmed the test for confirming a cause of action and thus resetting a limitation period…

The Ontario Court of Appeal has re-ignited the discussion about when a municipality will be held liable for its shoddy bylaw enforcement…

The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding. Here’s the legal…

Real estate vendors and purchasers have high expectations of their realtors – and they don’t often hesitate to pursue legal action against…

Updated October 4, 2023. Workplace accidents regularly lead to charges under occupational health and safety (OHS) law. These charges can be…

On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo…

On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…

On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…

Updated October 4, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks corporate liability…

The market for the sale and the supply of goods is a global one for many businesses in today’s economy. Both exporting goods from Canada and…

Hindsight is 20/20. Lawyers can’t always predict the outcome of a legal claim. But when a dispute between an investment client and their…

NOTE: On April 14, 2016, the federal government proposed legislation setting out the conditions that a person wishing to undergo…

On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the…

April showers bring … flood and sewage back-up claims. Flooding and sewage back-up can result in significant damage for municipal ratepayers,…

Lenders are often faced with a situation where a customer (Borrower) approaches them for funds to complete an acquisition of the shares of a…

Updated June 5, 2024. A general security agreement (GSA) is the most common form of personal property security to secure commercial loans and…