Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Monthly Archives: March 2012

CONGRATULATIONS!!! YOU HAVE WON MILLIONS!!! … or not yet?

Posted in Case Comments, Contracts

Actually, not. The odds of your winning are one in 120 million. On February 28, 2012, the Supreme Court of Canada established the test for misleading advertising and rendered a landmark decision that will generate important discussions all across Canada. Background In 1999, Mr. Richard received an “Official Sweepstakes Notification” in the mail. In large,… → Read More

BCCA Addresses Tercon Test for Public Policy and Exemption Clauses

Posted in Case Comments, Contracts

In its well-known decision in Tercon Contractors, the Supreme Court of Canada set out a three-part test for the enforceability of contractual exemption clauses: (1) does the clause, as a matter of interpretation, apply to the dispute; (2) if so, was the clause unconscionable at the time the contract was made; and (3) if not, would enforcing the clause be contrary to… → Read More

FCA Narrows the Limitation Period Defence in Civil Competition Act Claims

Posted in Case Comments, Class Actions, Competition, Procedure

Introduction The Federal Court of Appeal has ruled that the “ongoing effects” of a conspiracy do not extend the applicable limitation period for the purposes of a civil action brought under section 36(1) of the Competition Act for a criminal conspiracy contrary to section 45(1). The Court of Appeal’s affirmation of the lower Court’s decision also… → Read More

Ontario Court of Appeal puts a Strict Time Limit on Secondary Market Misrepresentation Class Action

Posted in Class Actions

Public issuers in Canada, and their directors and officers, will benefit from a recent ruling of the Court of Appeal for Ontario, which puts a strict time limit on investors seeking to advance a statutory cause of action for allegedly misleading secondary market disclosure. In Ontario, as in all provinces, an investor seeking to commence such… → Read More