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

Tag Archives: bright-line rule

This Week at the SCC (25/01/2013)

By Brandon Kain on Posted in This Week at the SCC

Cases Heard The Supreme Court of Canada heard arguments this week in two cases of interest to Canadian businesses and professions, and reserved judgment in each. The first is an appeal from Guay Inc. c. Payette, 2011 QCCA 2282, in which the Quebec Court of Appeal held that restrictive covenants which precluded the appellant from… → 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

SCC to Consider Conflict of Interest Rule

By Malcolm Mercer and Brendan Owen Brammall on Posted in Case Previews, Professions

Introduction The Supreme Court of Canada has granted leave to appeal in Canadian National Railway v. McKercher LLP et al., which raises significant issues relating to conflicts of interest, legal ethics, and the appropriate balance to be struck between the courts and the law societies in regulating the legal profession. Perhaps most importantly, the case… → Read More

U.S. Supreme Court Refuses to Adopt a Bright-Line Rule on Limitation Periods for Corporate Insider Profit Claims

By Sarah Shody on Posted in Case Comments, Corporate Law, Procedure, Securities

There is little law in Canada regarding if and how limitation periods applicable to statutory causes of actions in securities legislation can be tolled. For many public companies, this can create uncertainty regarding whether investor lawsuits are statute-barred. For example, the limitation period in s. 138 of the Ontario Securities Act, which covers causes of… → Read More