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This Week at the SCC (31/05/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in This Week at the SCC
Hovsep Afarian

The Supreme Court of Canada refused leave to appeal this week in two cases of note to Canadian business.

In Yaworski v. Gowling Lafleur Henderson LLP, the principal issue was whether a Court has the power to stay a Court proceeding in the face of a related arbitration, even though the plaintiff in the Court proceeding is not formally a party to the arbitration agreement. The Alberta Court of Appeal had ruled that “arbitrations cannot be avoided by simply having a related party commence a lawsuit claiming relief with respect to arbitrable subject matter.”

In Photon Control Inc. v. Kidder, the Supreme Court of Canada declined to grant leave to appeal a decision of the British Columbia Court of Appeal addressing how a director’s fiduciary disclosure obligations intersect with parallel duties owed as an employee and creditor of a company.

The McCarthy Tétrault Opinions Group consists of members of the firm’s litigation department whose practices focus on written advocacy and the provision of strategic advice and opinions in the context of complex business disputes and transactions.  The members of the Opinions Group are Anthony Alexander, Martin Boodman, Brandon Kain, Hovsep Afarian and Kirsten Thompson.