Blog

B.C. Court Finds Non-Solicitation Clause Invalid for Public Policy Reasons

20 June 2018

By Uri Snir

A recent decision from the British Columbia Supreme Court suggests that non-solicitation clauses in employment agreements between financial advisors and their firms may be found invalid for public policy reasons, as the interests of clients must be put ahead of those of the firm.

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Law Society Tribunal Dismisses Discipline Case over Failure to Accommodate Mental Illness

14 June 2018

By Shakaira John

In Law Society of Ontario v. Burtt, the Law Society Tribunal recently dismissed a disciplinary case against a Toronto lawyer, finding that the Law Society of Ontario (the “LSO”) had failed to satisfy its duty to accommodate the lawyer’s disability (mental illness).

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The Duty of Good Faith Performance: an Unfettered Right to Terminate is Not Unfettered

4 June 2018

By Cynthia Spry

The Ontario Court of Appeal recently found that a termination clause in a contract that appeared, on its face, to provide an unfettered right of termination is subject to the duty of good faith contractual performance set out by the Supreme Court of Canada in Bhasin v. Hrynew, 2014 SCC 71.

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Ontario Court of Appeal Declines to Pierce Corporate Veil in the Name of Justice

29 May 2018

By Khrystina McMillan & Daniel Babin (Summer Law Student)

This is our third blog post on the ongoing saga of the Ecuadorian villagers’ attempts to enforce an Ecuadorian judgement against Chevron Canada Limited (“Chevron Canada”) in Yaiguje v. Chevron Corporation. Our October 16, 2017 post concerned an order for security for costs ordered against the Ecuadorian villagers, and in our November 6, 2017 post we discussed the Court of Appeal’s decision to set aside the security for costs order.

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Court of Appeal Narrows the Scope for Duty of Care between Supplier and Retailer

22 May 2018

By Uri Snir

The Court of Appeal recently overturned a summary judgment awarded in favour of Mr. Sub franchisees for reputational harm stemming from the 2008 listeriotic outbreak.
In 1688782 Ontario Inc. v. Maple Leaf Foods Inc., the Court of Appeal held the motion judge erred in finding the supplier of ready-to-eat (“RTE”) meats owed a duty of care to retailers for pure economic losses suffered from the negative publicity associated with the recall of meats.

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Update: British Columbia Joins Trend of Giving Enhanced Powers to Investment Industry Regulators Despite Doubts that such Powers Protect Investors

15 May 2018

By Khrystina McMillan

and Shakaira John

In a recent post, we discussed securities legislation introduced in Manitoba that would add Manitoba to a growing list of provinces that have provided greater legal authority to self-regulatory organizations (“SROs”), purportedly to strengthen investor protection. British Columbia has now also passed amendments to provincial securities legislation that grant SROs enhanced enforcement powers. Despite the momentum the trend has gained, it remains unclear whether the goal of investor protection is in fact served by bolstering SRO collection powers.

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Ontario Court of Appeal Holds that Limitation Periods for Contribution and Indemnity Claims are Subject to Discoverability

10 May 2018

By Khrystina McMillan

In a decision released May 7, 2018, the Court of Appeal settled the conflicting body of case law as to whether section 18 of the Limitations Act, 2002, SO 2002, c 24 (the “Act”) sets out an absolute two-year limitation period for claims of contribution and indemnity. In Mega International Commercial Bank (Canada) v Yung, the Court of Appeal overturned a summary judgment dismissal of a third party claim for contribution and indemnity as statute barred, holding that – contrary to the motion judge’s decision – section 18 of the Act does not displace the discoverability principles.

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Could a Law Firm Be Vicariously Liable for the Actions of a Lawyer Practicing “In Association”?

3 May 2018

By Uri Snir

In Wallbridge v. Brunning, the Court of Appeal for Ontario set aside a summary judgment granted in favour of the defendant partnership of lawyers, Williams Litigation Lawyers (“Williams”). By sending the issue of Williams’ liability to trial, the Court of Appeal has potentially opened the door to a law firm being found vicariously liable for the actions of a lawyer who practices “in association” with it.

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Is Expert Evidence No Longer Necessary in Investor Loss Cases?

25 April 2018

By Cynthia Spry

In Cunningham v. Wiltzen, the Alberta Court of Appeal recently dealt with an appeal of a trial judge’s findings regarding an investment adviser’s liability for breach of his duty of care.

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Monsters and Explosions: Who Knew that Legal Limitations Issues Could Sound so Hollywood?

10 April 2018

By Khrystina McMillan

In a decision released last week, the Ontario Court of Appeal held that section 138.3(6) of Ontario’s Securities Act cannot be used to avoid the “statute-bar monster”. In Kaynes v BP, P.L.C., the Court of Appeal upheld the motion judge’s decision to strike eleven of fourteen secondary market misrepresentation claims in a putative class action on the grounds that they were statute-barred. In doing so, the Court of Appeal rejected the plaintiff’s submission that the court could treat all the misrepresentations as a single representation under section 138.3(6) to extend the limitation period for the eleven statute-barred misrepresentations.

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