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

Category Archives: Features

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10 Most Important Appeals of 2013

Posted in Case Comments, Features

 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… → Read More

New Publication on Piercing the Corporate Veil

Posted in Features

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, [2013] UKSC 5 and Prest v Petrodel Resources Ltd, [2013] UKSC 34. Anyone looking for a more extensive review of these cases, including their… → Read More

Hail to the Chief: McLachlin C.J.C. Becomes Canada’s Longest-Serving Chief Justice

Posted in Class Actions, Contracts, Features, Torts

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… → Read More

McCarthy Tétrault is named Contributor Most Read in Canada for second consecutive month

Posted in Awards and Recognitions, Features

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… → Read More

McCarthy Tétrault is Contributor Most Read in Canada on Mondaq in May 2013

Posted in Awards and Recognitions, Features

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… → Read More

McCarthy Tétrault launches Ontario employment blog

Posted in Features

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… → Read More

Hall of Fame

Posted in Awards and Recognitions, Contracts, Features

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… → Read More

Top Appeals of 2013: The Appeals Monitor Looks Forward

Posted in Bankruptcy and Debt, Case Previews, Class Actions, Features, Procedure, Professions, Torts

“Prediction is very difficult, especially about the future.” – Niels Bohr (1885-1962) “Weatherman wet-fingers the sky He pokes it out, he pulls it in He don’t know why.” – Gordon Downie (1964- )   In the spirit of the season, Canadian Appeals Monitor has decided not only to look back on the key appeals of… → Read More

Order in the Court? The Van Breda Trilogy – Part V – Constitutional Issues

Posted in Conflict of Laws, Constitutional, Features, Media, Procedure, Torts, Van Breda Trilogy

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… → Read More

Order in the Court? The Van Breda Trilogy – Part IV – Choice of Law

Posted in Conflict of Laws, Features, Media, Procedure, Torts, Van Breda Trilogy

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… → Read More

Order in the Court? The Van Breda Trilogy – Part III – Forum Non Conveniens

Posted in Conflict of Laws, Features, Media, Procedure, Torts, Van Breda Trilogy

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,… → Read More

Order in the Court? The Van Breda Trilogy – Part II – A New Test for Jurisdiction Simpliciter

Posted in Conflict of Laws, Features, Media, Procedure, Torts, Van Breda Trilogy

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… → Read More

Order in the Court? The Van Breda Trilogy – Part I – An Overview

Posted in Conflict of Laws, Constitutional, Features, Procedure, Torts, Van Breda Trilogy

Order in the Court? The Van Breda Trilogy – Part I – An Overview 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,… → Read More

Canadian Contractual Interpretation Law: A New Edition

Posted in Contracts, Features

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

McCarthy Tétrault to Host Presentation on Recent Landmark Commercial Appeals

Posted in Features, Presentation

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… → Read More