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News and discussion on implementing risk management

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Supreme Court of Canada

Supreme Court of Canada twin bill: Court addresses US government profiling allegations and clarifies what’s required to prove discrimination

Sophisticated businesses operating in Canada often confront a dilemma caused by defence policy objectives of the United States of America. American law affects activities in Canada by, for example, controlling who can access defence-related technology (even if the immediate application of that technology is not a military application), currency transfers, and even airplane pilot training. But these US requirements, which are often backstopped by the threat of multi-million dollar fines, may spark allegations of discrimination under Canadian human rights legislation.

 

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Supreme Court rules against director of a charity

As Counsel for Ms. Guindon in her case with the Minister of National Revenue we have kept our readers abreast of developments as the appeal wended its way to the Supreme Court of Canada. On July 31st, 2015 the Supreme Court issued its ruling in the matter thus ending the appeal for Ms. Guindon. The Supreme Court found…

 

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Supreme Court of Canada issues landmark merger and efficiencies decision

The Supreme Court of Canada released its long awaited decision in Tervita Corporation et al v. Commissioner of Competition. In a 6-1 decision, the SCC allowed Tervita’s appeal and set aside the divestiture order made by the Competition Tribunal and upheld by the Federal Court of Appeal (FCA). The SCC agreed with the FCA’s conclusion that the merger would likely result in a substantial prevention of competition, but overruled the conclusions of the Tribunal and the FCA that the merger was not saved by the efficiencies defence.

 

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SCC finds new contractual duty of honest performance

The Supreme Court of Canada has confirmed a new common law duty to act honestly in the performance of contractual obligations.

 

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Is your mediation confidentiality clause watertight?

In Union Carbide Canada Inc. v. Bombardier Inc. [1], the Supreme Court of Canada struck a delicate balance between two key elements of mediation: settlement privilege and confidentiality.

 

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Supreme Court of Canada limits the right to appeal commercial arbitral decisions on issues of contractual interpretation

In Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 (Sattva), released August 1, 2014, the Supreme Court of Canada overturned the historical approach and held that contractual interpretation involves questions of mixed fact and law rather than pure questions of law. As a result, leave to appeal from an arbitral award interpreting a contract should not have been granted. The Court also reaffirmed the contextual approach to contractual interpretation and explained the role of surrounding circumstances in contractual interpretation.

 

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Protection against copyright infringement strengthened by Robinson case but at what cost

On December 23, 2013, the Supreme Court of Canada rendered an important decision on copyright infringement in Cinar Corp. v. Robinson. The Court affirmed the trial judge’s finding that Cinar infringed Claude Robinson’s intellectual property and allowed a considerable increase in the monetary relief the Quebec Court of Appeal awarded Robinson. The unanimous judgment, written […]

 

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Five-year commercial restrictive covenant upheld

Non-competition and non-solicitation agreements are fairly common in employment contracts, but courts also commonly find them to be unenforceable due to unreasonable or unclear restrictions. When parties negotiate a restrictive covenant in the context of a transfer of a business, however, the rules are different, even where the seller of the business agrees to work for the buyer. The Supreme Court of Canada recently dealt with a case like this.

 

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The Facebook bullying case Part 3 – Too late for Amanda Todd but not too late for us

cyber-bullying

A recent decision of the Supreme Court of Canada has sent a message to all victims of cyberbullying– the Canadian courts can help you!

 

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The Facebook bullying case – Part II

In May 2011, I wrote about a case from Nova Scotia which I referred to as the “Facebook Bullying Case”. This case involves a teenage girl who was bullied and defamed on a fake Facebook page. To address this problem, her parents brought an application…

 

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The Facebook bullying case – some tough issues to ponder

In a case that has gained significant media attention, the Nova Scotia Court of Appeal has held that the name of a 15-year-old girl, who was allegedly defamed and bullied online, should be revealed to the public.

 

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To hyperlink or not to hyperlink – That is the question

This week, the Supreme Court of Canada heard arguments on a question that is unique to Canadian law: if you place a hyperlink in your website or blog, and that hyperlink leads to a website that contains defamatory statements about another person, are you liable to that person for defamation?

 

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