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Hall of Fame

By Brandon Kain and Elder C. Marques on Posted in 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

By Elder C. Marques and Timothy D. Chapman-Smith on 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

By Brandon Kain, Elder C. Marques and Byron Shaw on Posted in Conflict of Laws, Constitutional, Features, Media, Procedure, Torts

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

By Brandon Kain, Elder C. Marques and Byron Shaw on Posted in Conflict of Laws, Features, Media, Procedure, Torts

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

By Brandon Kain, Elder C. Marques and Byron Shaw on Posted in Conflict of Laws, Features, Media, Procedure, Torts

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

By Brandon Kain, Elder C. Marques and Byron Shaw on Posted in Conflict of Laws, Features, Media, Procedure, Torts

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

By Brandon Kain, Elder C. Marques and Byron Shaw on Posted in Conflict of Laws, Constitutional, Features, Procedure, Torts

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

By Brandon Kain on 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

By Brandon Kain on 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