Canadian Appeals Monitor is proud to announce that the second edition of Canadian Contractual Interpretation Law by Geoff Hall, one of our contributing bloggers, has just been published. The book is the only text focused on contractual interpretation under Canadian common law, and the new edition includes commentary on contractual interpretation under Quebec civil law…. → Read More
Monthly Archives: February 2012
The Backside of a Truckstop: SCC to Rule on Balancing Competing Interests in Nuisance Cases
Posted in Case Previews, Construction and Real Estate, Torts, TransportationThe Supreme Court of Canada has granted leave to appeal in Antrim Truck Centre Ltd. v. Her Majesty the Queen in Right of the Province of Ontario, a case that is expected to provide clarity about the law of nuisance, particularly in cases where the social utility of the defendant’s activity is arguably very high…. → Read More
BCCA May Consider the Test for Leave to Commence an Action Pursuant to the New Secondary Market Liability Provisions
Posted in Case Comments, Financial Services, Procedure, TortsThe British Columbia Court of Appeal may soon consider the test for a purchaser or vendor in the “secondary market” to obtain leave to commence an action for misrepresentation under Part 16.1 the BC Securities Act. Leave to appeal has been filed by the plaintiff in Round v. MacDonald, Dettwiler and Associates Ltd. This will… → Read More
ONCA to Consider Application of Deemed Undertaking Rule to Producing-Party’s Own Lawyer
Posted in Case Comments, Procedure, ProfessionsIn Sobeski v. Mamo, now on appeal to the Ontario Court of Appeal, Justice Perell heard a motion by a defendant in a defamation action for relief from the deemed undertaking rule. Background The defendant in the defamation action was a lawyer who, in a previous piece of litigation, had represented the opposing party to… → Read More
McCarthy Tétrault to Host Presentation on Recent Landmark Commercial Appeals
Posted in Features, PresentationOn March 7, 2012, our National Appellate Litigation Group will discuss significant commercial appeals recently decided in 2011 or to be decided in 2012. Tailored to corporate counsel as well as senior business executives responsible for instructing counsel, our experts will address how these decisions impact various obligations and exposures that are part of everyday… → Read More
ONCA to Consider Whether Non-Party to Arbitration Agreement Can Move to Stay
Posted in Case Comments, ProcedureIn Shaw Satellite G.P. (c.o.b. Shaw Direct) v. Pieckenhagen, Perell J. concluded that a defendant who denies that it is a party to an arbitration agreement has no ability to move to stay an action in favour of arbitration pursuant to s. 7 of the Arbitration Act, 1991. In other words, you cannot have your… → Read More
Rectification of Contracts in Québec: Another Loss for Taxation Authorities and Final Word to be Received from the Supreme Court
Posted in Case Comments, Contracts, TaxAs was already mentioned in the previous blog posted on October 25, 2011 by our colleague, Brandon Kain, the Supreme Court of Canada has granted leave to appeal in a case involving the rectification of contracts in Agence du revenu du Québec vs. Services environnementaux AES Inc. Recently, the Supreme Court of Canada also granted… → Read More
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