Displaying items by tag: courts

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgThe Ontario Court of Appeal’s 2012 trilogy of overtime class action decisions Fresco v. CIBC, Fulawka v. Bank of Nova Scotia, and McCracken v. v. Canadian National Railway Co. confirmed the viability a relatively new form of class action previously unexplored and highly uncertain in Ontario.
Published in Web exclusive content
Monday, 24 March 2014 09:15

Wal-Mart coming to Canada. Sorry, no.

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgIn Wal-Mart Stores Inc. v. Dukes, the Supreme Court of the United States held that in order for class certification to be granted, judges must undertake a “rigorous analysis.” Of course, judicial analysis should be rigorous so we know the court must have meant something else. It turns out it did.
Published in Web exclusive content
Kristine Robidoux says she expects the court will take a general deterrence approach in sentencing Nazir Karigar.
Kristine Robidoux says she expects the court will take a general deterrence approach in sentencing Nazir Karigar.
When Nazir Karigar is sentenced the first week of April for conspiring to bribe a foreign public official, contrary to the Corruption of Foreign Public Officials Act, it is likely the court will be looking to send a strong message, say legal observers.
Published in Latest News
Monday, 24 February 2014 08:00

Court of Appeal rights its own wrong

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgIn a stunning reversal, a five-judge panel of the Ontario Court of Appeal reversed its decision in Sharma v. Timminco Ltd. where it just recently held that the three-year limitation period for bringing a statutory claim for misrepresentation in respect of shares trading in the secondary market could not be suspended until a court had granted leave to commence the claim.
Published in Web exclusive content
Monday, 03 February 2014 08:00

Pension trust trumps creditor in Timminco

Tina Hobday of Langlois Kronström Desjardins LLP led the team representing pension committees in the Timminco CCAA case.
Tina Hobday of Langlois Kronström Desjardins LLP led the team representing pension committees in the Timminco CCAA case.
The much-anticipated decision of the Quebec Superior Court in the Timminco CCAA matter involving pension plans in Quebec declares pension deemed trusts a priority over secured creditors.
Published in Latest News
Monday, 03 February 2014 08:00

Judging 101

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_February_judging.jpgThe benefits of judicial foreign aid are rarely measurable in concrete terms. But, for Ontario Court of Appeal Justice Marc Rosenberg — a workhorse in the movement to help developing nations enhance their justice systems — a dramatic exception to that rule came during a working foray to China a couple of years ago. Rosenberg was part of a Canadian entourage helping to draft rules for excluding unreliable evidence — coerced confessions, in particular. Overnight, a furor erupted over a Chinese convict who had confessed a decade earlier to murdering his wife, notwithstanding the absence of a body.
“Suddenly, his wife showed up — alive,” Rosenberg recalled. Humiliated, authorities hurriedly released the man from prison.
Monday, 03 February 2014 08:00

No end to the circus

Illustration: Dushan Milic
Illustration: Dushan Milic
Is there no end to the Lori Douglas circus, an apparently interminable saga of personal and institutional misjudgment?
Published in Commentary
Monday, 27 January 2014 08:00

The Hollick approach is here to stay

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgIn October 2001, the Supreme Court of Canada advocated a liberal and flexible construction of the Ontario Class Proceedings Act, 1992 in Hollick v. Toronto (City). In particular, Chief Justice Beverley McLachlin, on behalf of the court, held the CPA is to be “construed generously” in a manner that gives “full effect to the benefits foreseen by the drafters” — the Hollick approach.
Published in Web exclusive content
Monday, 27 January 2014 08:01

Blowing the whistle on fraud

b_150_0_16777215_00___images_stories_01-INHOUSE_2014_February_IH-TrainWhistle-PG32-shutte.jpgCanadian corporations need to embrace whistleblowers if they operate or trade in the U.S., where a new bounty system and greater protections have created a favorable environment for whistleblowing, legal experts say.
Published in Issue Archive
Monday, 27 January 2014 08:00

Canada’s fractured view of fracking

b_150_0_16777215_00___images_stories_01-INHOUSE_2014_February_PG34-Fracking.jpgAs Canada’s largest natural gas producer defends itself in court against allegations linked to its fracking operations, several provinces are expressing increasing unease with the practice and, in some cases, banning it.
Published in Issue Archive
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