Blog

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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The OSC Develops New Strategy Aimed at Protecting Seniors

2 April 2018

By Uri Snir

On March 20, 2018, the Ontario Securities Commission (OSC) published a report titled Seniors Strategy. The report develops initiatives and an action plan to better protect senior investors in Ontario. The report is the culmination of extensive research and data collection by the OSC, as it recognizes the growing challenges facing older investors. Babin Bessner Spry’s own Ellen Bessner served on the Seniors Expert Advisory Committee that consulted with the OSC in developing its Seniors Strategy.

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Manitoba Joins Emerging Trend of Granting More Legal Authority to Investment Industry Regulators, but is Investor Protection Really the Bottom Line?

26 March 2018

By Khrystina McMillan

and Shakaira John

Last week, Manitoba’s Minister of Finance introduced proposed amendments to Manitoba securities legislation that would grant a national investment industry regulator enhanced enforcement powers. If approved, these amendments will make Manitoba the fifth province that has provided self-regulatory organizations (“SROs”) with more robust legal authority in the name of investor protection. It is not clear, however, that the goal of investor protection is actually served by giving SROs more enforcement powers.

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The Great Library – A Love Letter to an Accessible, Modern Resource with a Remarkable History

19 March 2018

By Eden Kaill

The Great Library at the Law Society of Ontario (“LSO”) is many things – a historically significant collection of rare books, an architectural masterpiece hidden in plain sight, and for those looking for an obscure (or not-so obscure but expensive) legal text, an absolute treasure trove. Law students study here, members of the public walk the stacks, any licensed lawyer or paralegal can access any document the library manages, and the knowledgeable staff will even help with research.

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Blockchain: The Disruptive Technology Changing the Legal Landscape

12 March 2018

By Uri Snir

On February 1, 2018, the Ontario Securities Commission approved Canada’s first exchange traded fund (ETF) that tracks blockchain-based companies. There appear to be at least two additional blockchain ETFs in the pipeline and more will likely follow. Earlier this year, similar ETFs were launched on the New York Stock Exchange and Nasdaq.

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