News & Analysis as of

Settlement Agreements Canada

Littler

Ontario, Canada Appellate Court Provides Guidance to Employers on How to Draft Employment Settlement Documents

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The Court of Appeal for Ontario found that settlement documents signed after an employee separated from employment prevented him from suing for the value of vested stock options....more

Bennett Jones LLP

Alberta Court of King’s Bench Confirms Requirement for Immediate Disclosure of Pierringer Agreements

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When only some of the defendants to a lawsuit want to settle, Pierringer agreements can be an attractive solution. However, in a recent decision that adopted principles from Ontario jurisprudence, the Court of King's Bench of...more

Goodwin

Biocon Settles with Bayer and Regeneron, Securing Canada Market Entry Date for Aflibercept Biosimilar

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On March 4, Biocon Biologics Ltd. announced it has signed a settlement agreement with Bayer Inc. and Regeneron Pharmaceuticals, Inc. regarding YESAFILI, Biocon’s proposed biosimilar to EYLEA (aflibercept)....more

Blake, Cassels & Graydon LLP

“Just When I Thought I Was Out, They Pull Me Back In”: B.C. Supreme Court Affirms Goal of Promoting

On March 20, 2023, the Supreme Court of British Columbia (Court) issued a decision in Ridley Terminals Inc. v. Sandvik Canada Inc. (Ridley), affirming the importance of promoting settlement in multiparty litigation and...more

Dickinson Wright

The Dire Consequences of Failing to Immediately Disclose a Settlement Agreement

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If you ask most litigators which aspect of their practice keeps them awake at night, nine times out of ten, the answer will be missing a limitation period. This is a valid worry, of course. After all, if the deadline to...more

Smart & Biggar

Competition Bureau closes two investigations into pharmaceutical patent litigation settlements

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On May 20, 2022, the Competition Bureau announced that it closed two investigations into pharmaceutical patent litigation settlement agreements as evidence gathered during the two investigations suggested the agreements did...more

Smart & Biggar

Competition Bureau resolves misleading performance claims case

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On April 27, 2022, the Competition Bureau announced that it has reached a settlement agreement with NuvoCare Health Sciences Inc and its founder (collectively “NuvoCare”), who were found to have made marketing claims that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A Canadian Cautionary Tale on Settlements for Federally Regulated Employers

A Federal Court of Appeal decision, Bank of Montreal v. Li, is a cautionary tale for federally regulated employers about the limits of settlement agreements in resolving unjust dismissal complaints. Background - ...more

Littler

Canada: Federal Court of Appeal Affirms Federally Regulated Employees Can Make Unjust Dismissal Complaints after Signing Releases

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Recently, in Bank of Montreal v. Li, 2020 FCA 22, the Federal Court of Appeal (FCA) dismissed the Bank of Montreal’s (BMO’s) appeal of the decision of the Federal Court (FC) in Bank of Montreal v. Li, 2018 FC 1298....more

Littler

Deal or no Deal? Ontario, Canada Court Determines Employer and Employees Agreed to Settlement Absent Written Contract

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In a recent appeal to the Divisional Court of Ontario’s Superior Court in Shete, Lada, and Chung v. Bombardier Inc., 2019 ONSC 4083, the court applied the most basic principle that serves as the foundation of common law...more

Robins Kaplan LLP

Financial Daily Dose 12.11.2019 | Top Story: US and China Hint at Tariff Delay to Help Ease Phase One Negotiations

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U.S. and Chinese trade negotiators are “laying the groundwork for a delay of a fresh round of tariffs set to kick in on Dec. 15” as the countries continue to work through how a Chinese promise to make huge ag purchases from...more

Littler

Canada: Federally Regulated Employees Can Make Unjust Dismissal Complaints Even After Signing Releases and Settlement Agreements

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The Federal Court of Canada recently confirmed in Bank of Montreal v. Li, 2018 FC 1298 CanLII (Bank of Montreal), that an employee’s signed release and settlement agreement will not preclude a complaint for unjust dismissal...more

Bennett Jones LLP

What the Law Commission of Ontario’s New Report on Class Actions Could Mean for Litigants

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On July 17, 2019, the Law Commission of Ontario released the final report of its class action investigative project, Class Actions: Objectives, Experiences and Reforms. The project is the most comprehensive research,...more

International Lawyers Network

Sexual Harassment In The Workplace: What Canadian: Quebec Companies Need To Know

Quebec has long been considered the California of the East and a pioneer in adopting some of the most far-reaching obligations with respect to harassment in the workplace in its widest form, as well recourses and remediation...more

Littler

Littler Global Guide - Canada - Q1 2019

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Among other things, the Fair Workplaces Better Jobs Act, 2017 (Bill 148) significantly amended Ontario's Employment Standards Act, 2000 (ESA). Most of Bill 148’s ESA amendments came into force in 2018, with the remainder to...more

Bennett Jones LLP

Alberta Securities Commission Allows No-Contest Settlement Agreements

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The Alberta Securities Commission (ASC), the regulatory agency responsible for administering provincial securities laws in Alberta, announced last week that it would be following the lead of its Ontario and American...more

Dorsey & Whitney LLP

Foreign Corrupt Practices Act Requires More Than a Policy

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The recent settlement agreement between Kinross Gold Company and the Securities and Exchange Commission is a reminder to Canadian cross-listed companies that it is not enough to adopt a parent-company level anti-corruption...more

Bennett Jones LLP

Looking Forward: Canadian Class Actions in 2018

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The past year saw another flurry of Canadian class action activity. Courts across the country rendered significant decisions that should give companies doing business in Canada cause for both concern and optimism. While the...more

Bennett Jones LLP

Self-Incrimination and Settlement Agreements

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Misconduct in the securities industry can give rise to both criminal and regulatory liability. One problem that arises from this overlap is the potential for state-compelled self-incrimination. In the criminal context, an...more

Smart & Biggar

Grey Marketing – Still Not Black and White in Canada

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Grey marketing, sometimes referred to as “parallel importation”, is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold. The goods are not...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 13

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On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Blake, Cassels & Graydon LLP

On the Road: SCC Allows Class Action Judges to Hold Extraprovincial Hearings in Certain Circumstances

On October 20, 2016, the Supreme Court of Canada (SCC) ruled that a provincial superior court judge may sit outside his or her home province to hear motions without live evidence in national class actions proceedings in...more

Blake, Cassels & Graydon LLP

Alberta Securities Commission Securities Enforcement Trends and What’s Ahead for 2016

Securities enforcement activities in Canada are overseen by several agencies, including the Canadian Securities Administrators, the Investment Industry Regulatory Organization of Canada, the Ontario Securities Commission, the...more

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