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Supreme Court Enforces Arbitration Clause and Stays Business Customer Claims in Class Action

On April 4, 2019, a majority of the Supreme Court of Canada (SCC) in TELUS Communications Inc. v. Wellman (Wellman) decided that business customer claims in a class action should be stayed pursuant to arbitration clauses in...more

Supreme Court Strikes Down Expatriate Voting Restrictions: No “Social Contract” Justification

On January 11, 2019, a majority of the Supreme Court of Canada (SCC) ruled in Frank v. Canada (Attorney General) (Frank) that certain provisions in the Canada Elections Act (CEA), which denied federal voting rights to...more

Federal Court of Appeal Affirms Common Interest Privilege in Deal Context

On March 6, 2018, the Federal Court of Appeal (Court) released its reasons in Iggillis Holdings Inc. v. Canada (National Revenue) confirming common interest privilege as a valid exception to waiver in non-litigious...more

New Test: Ontario Court Stayed Action in the Face of Broad Arbitration Agreement

In Haas v. Gunasekaram (Haas), the Court of Appeal for Ontario clarified the test for staying court proceedings under section 7(1) of the Ontario Arbitration Act and emphasized that courts should enforce arbitration...more

Bhasin Anniversary: You Gotta Have Faith?

It has been almost a year since the Supreme Court of Canada’s unanimous decision in Bhasin v. Hrynew, which was the subject of great attention and some alarm when released. What did it mean to have “good faith as an...more

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