Insights

Failure to conform to the CBCA does not itself trigger oppression remedy

Mr. Mennillo and Mr. Rosati together began Intramodal Inc., a transportation business, in 2004. Mr. Mennillo advanced substantial amounts of money to the corporation and received 49 of 100 shares, the balance of the shares being held by Mr. Rosati who managed the corporation.  ..

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Ten Ways That Fine Print Matters to Trucking Companies

Ten Ways That Fine Print Matters to Trucking Companies  ..

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The Supreme Court’s Perspective on Faulty Workmanship Exclusion Clauses

A recent decision by the Supreme Court of Canada has attracted attention from insurers, contractors, and construction project owners across the country. Ledcor v Northbridge Indemnity Insurance Co., 2016 SCC 37 provides new light on how to interpret the commonly used “faulty workmanship” exclusions under builders’ risk insurance policies.  ..

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Foreign Judgments Enforceable in Canadian Courts

The Supreme Court of Canada issued a much-anticipated decision regarding the jurisdiction of Canadian courts to hear judgment-enforcement actions from foreign judgments. Justice Gaston wrote the unanimous decision in Chevron Corp. v Yaiguaje.  ..

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Summary Judgment “Roadmap” Cited with Approval by Court of Appeal

The Court of Appeal for Saskatchewan provided some clarity about the process for evaluating a summary judgement application in the wake of recent a Supreme Court of Canada case and The Queen’s Bench Rules, which were updated in 2013.  ..

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Federal Government Has New Constitutional Jurisdiction for Non-Status Indians and Métis Peoples

The Supreme Court of Canada expanded the scope of the federal government’s constitutional relationship with Canada’s non-status Indian and Métis people in a long-running and much-anticipated decision in Daniels v Canada (Indian Affairs and Northern Development). The Honourable Madam Justice Abella authored the decision for a unanimous nine-justice Court.  ..

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Court of Appeal Considers Bhasin in Appeal of Business Sale Bonus

The Court of Appeal for Saskatchewan took the opportunity to offer a few comments on the general organizing principle of good faith in contract law and the common law duty of honest performance in a recent case.  ..

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Court of Appeal Upholds Verbal Agreement to Transfer Land

Verbal contracts for land that are partially performed can sometimes protect the would-be recipient of property if the transferor changes their mind. In Matovich Estate v Matovich, the Court of Appeal for Saskatchewan upheld a trial judgment that refused to allow a one-time owner of land the right to partition that land without the consent of the joint owners.  ..

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Saskatchewan Amends Essential Services Legislation After Supreme Court Decision

On November 10, 2015, the Government of Saskatchewan passed Bill 183, The Saskatchewan Employment (Essential Services) Amendment Act, 2015 (the “Act”). ..

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Carter v Canada (Attorney General): Physician-Assisted Dying to be Legal, but Law Unknown

In Carter v Canada (Attorney General), the Supreme Court of Canada reached a landmark decision regarding physician-assisted dying in Canada.  ..

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