In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead....more
In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the...more
Exclusion clauses are a common feature of agreements of purchase and sale and other commercial contracts. While often subject to negotiation, parties sometimes proceed with standard form exclusion clauses that may inject...more
In a first-of-its-kind decision, R. v. Bykovets, 2024 SCC 6 (Bykovets), the Supreme Court of Canada has adopted a broad view of internet privacy—at least in the criminal and public authority context—finding that internet...more
In ruling that the Ontario government is not required to turn over Cabinet mandate letters, the Supreme Court of Canada has adopted a broad and expansive view of Cabinet confidentiality. The Supreme Court's decision brings...more
Instability and uncertainty were the two constants in 2020. The COVID-19 pandemic uprooted social norms and challenged businesses. The long range impact of that instability and uncertainty remains to be seen. For different...more
The Supreme Court of Canada has clarified the scope of manufacturers’ potential liability under the law of negligence to the retailers of their products for “pure economic losses”—lost profits, lost sales, and reputational...more
The Ontario Securities Commission (OSC) has traditionally been regarded by the Ontario Divisional Court as a specialized administrative tribunal entitled to significant deference on appeal and judicial review proceedings. On...more