Canadian Appeals Monitor co-editor and litigation partner Elder Marques, together with business law partner Leila Rafi were guest-bloggers on the Cordell Parvin Blog this week, writing about some of their lessons from McCarthy Tétrault’s recent law firm retreat.
In order to help lawyers argue about cases at holiday parties, the Appeals Monitor is happy to once again present our countdown of the most significant civil appeals of 2013 that are sure to impact Canadian businesses. Watch out soon for a review of the upcoming appeal decisions that are likely to be big stories in 2014
Sable Offshore Energy: Is a settlement with one defendant really without prejudice?
Sable Offshore Energy Inc. v. Ameron International Corp., previously reported on here, is a significant development in the law of settlement privilege and will affect legal strategy … Continue Reading
Readers of this blog may recall our series of blog posts here, here, here and here discussing the UK Supreme Court’s recent watershed decisions on piercing the corporate veil in VTB Capital Plc v Nutritek International Corp,  UKSC 5 and Prest v Petrodel Resources Ltd,  UKSC 34.
Anyone looking for a more extensive review of these cases, including their implications for Canadian jurisprudence, may be interested in the new article which Tom Heintzman and I recently published in the Banking and Finance Law Review, “Through the Looking Glass: Recent Developments in Piercing … Continue Reading
Next month marks the bicentennial of the birth of Sir William Johnstone Ritchie, one of the first judges appointed to the Supreme Court of Canada and Chief Justice from 1879 to 1892. Why are we thinking about him this week? Until today, he was the longest serving Chief Justice of Canada. That title now belongs to Chief Justice Beverley McLachlin, who has held the position since January 7, 2000. Having served on the Court for nearly a quarter century – most of that time as Chief Justice – her impressive legacy to date includes the development of the law in … Continue Reading
Canadian Appeals Monitor is pleased to share that for June 2013, McCarthy Tétrault’s blog posts and articles generated the most readership from users of Mondaq for Canada. This is the firm’s second month in a row to be recognized with the award.
Mondaq is an aggregator of legal, financial and regulatory information from more than 80 countries. It publishes and distributes content on its site, via its newsletters and feeds to third-party sites, and through major business systems such as Lexis-Nexis, Westlaw and Reuters. At the end of every month, for each country, Mondaq determines and confers awards … Continue Reading
Canadian Appeals Monitor is pleased to share that during the month of May 2013, McCarthy Tétrault’s blog posts and articles generated the most readership from users of Mondaq for Canada.
Mondaq is an aggregator of legal, financial and regulatory information from more than 80 countries. It publishes and distributes content on its site, via its newsletters and feeds to third-party sites, and through major business systems such as Lexis-Nexis, Westlaw and Reuters. At the end of every month, for each country, Mondaq determines and confers awards on the contributing author firms whose content its registered business readers read … Continue Reading
For those who may be interested, McCarthy Tétrault has just launched our sixth blog, the Ontario Employer Advisor. This blog offers the firm’s perspectives on the latest legal developments applicable to the workplace and of interest to our clients, particularly in Ontario. It provides our insights on legislative and regulatory developments, as well as new case law, with practical tips for employers and their human resources professionals when managing the workforce. We welcome you to visit the blog.… Continue Reading
Last month, senior McCarthy Tétrault litigator and Canadian Appeals Monitor contributor Geoff Hall generated lots of attention with his insightful post on contractual interpretation in cases where an “unthinkable” change in circumstances seems to have a profound effect on the bargain struck by the parties. Geoff’s analysis looked at a recent UK Supreme Court decision, Lloyds TSB Foundation for Scotland v. Lloyds Banking Group plc, in which an unforeseeable change to applicable accounting principles altered the definition of “profit” in a way that would have a multi-million pound impact on the parties.
In the spirit of the season, Canadian Appeals Monitor has decided not only to look back on the key appeals of 2012, but also to make predictions about those Supreme Court of Canada appeals most likely to impact businesses and professionals in 2013. Predicting which appeal judgments are likely to have important and lasting effects before they are even decided involves a high degree of guesswork,
As the year draws to a close, we thought it appropriate to look back at the most significant civil appeals of 2012, and to look forward to the appeals in 2013 that are sure to impact Canadian businesses and professions. In this year-end post – the first of a special two-part series – Canadian Appeals Monitor will review four areas in which appellate courts were particularly active in 2012: (1) class actions; (2) copyright; (3) private international law; and (4) torts. Some of these cases have been written about previously on this blog, whereas others are new. We hope you … Continue Reading
The constitutionalization of private international law has been one of the major projects of the Supreme Court of Canada since the decision in Morguard. However, the precise relationship between the Constitution, and the “real and substantial connection” test, has yet to be fully defined. In the Van Breda Trilogy, the Supreme Court returned to this issue, and sought to provide private international law with a clearer constitutional foundation. Paradoxically, the result is a new approach to the role of superior courts and provincial legislatures in the Canadian federation, which raises more questions than it answers.
At the Supreme Court of Canada, choice of law has always been the poor cousin of private international law. While the Court has shown fascination with jurisdiction simpliciter, forum non conveniens and the recognition and enforcement of foreign judgments – cases such as Morguard, Amchem, Hunt, Beals, Pro Swing and Teck Cominco come to mind – it has issued but a single judgment, Tolofson, that addresses choice of law in the modern era. The comments of American scholar Laurence Tribe, cited by the Supreme Court of Canada in Unifund, describe the traditional situation
Among the significant changes introduced by the Van Breda Trilogy is guidance from the Supreme Court of Canada on the forum non conveniens test. Although in many respects the judgments in Van Breda, Black and Éditions Écosociété would appear to simply reaffirm the existing forum law, LeBel J.’s judgments are notable for three reasons. First, the language in the Trilogy suggests that motion courts will continue to be given considerable discretion in decisions on forum non conveniens and that reviewing courts will not have a clear framework with which to assess the propriety of decisions at first instance. The
The Supreme Court of Canada’s Van Breda Trilogy – and its judgment in Van Breda in particular – endorses a new approach to jurisdiction simpliciter focused on categories of prima facie jurisdiction. Building on the Ontario Court of Appeal’s judgment, which revised the old Muscutt test, the Court has attempted to introduce greater clarity and predictability to disputes about assumed jurisdiction. Whether this will come to pass remains to be seen; it may be that Van Breda will simply change the language of assumed jurisdiction, but that actual outcomes will remain as unpredictable as ever. The list of presumptive
In three cases released on April 18, 2012, the Supreme Court of Canada substantially reformulated the common law principles of private international law. In the coming weeks, Canadian Appeals Monitor will provide in-depth coverage of the Court’s judgments in Van Breda, Black, and Éditions Écosociété (the “Van Breda Trilogy”), addressing the implications of these judgments for jurisdiction simpliciter, forum non conveniens, choice of law and constitutional principles regarding the territorial jurisdiction of the superior courts and provincial legislatures. In this post
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. It is a helpful resource for anyone dealing with commerical law issues, including private practitioners and in-house counsel who are responsible for drafting contracts, litigators who deal with contractual interpretation disputes, and judges and arbitrators who hear such cases.
Geoff’s new edition discusses several
On 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 business processes and outcomes, both immediately and looking forward.