Insights

Limitation of liability provision in electronic waiver upheld by the Court of Queen’s Bench

Quilichini v Wilson’s Greenhouse & Garden Centre Ltd. and Velocity Raceway Ltd., 2017 SKQB 10.  ..

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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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Protecting Competition in Canadian Markets: The Supreme Court of Canada Weighs in

In Tervita Corp v Canada (Commissioner of Competition), the Supreme Court of Canada interpreted which market effects the Commissioner of Competition (“Commissioner”) can consider when deciding to allow or reject a merger. ..

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Good Faith, Honest Performance and Your Deal: the Supreme Court of Canada’s New Principles of Contract Law

The Supreme Court of Canada made a significant change in the common law regarding the inherent obligations of contracting parties. In Bhasin v Hrynew, the Court recognized a general organizing principle of good faith and then created a new common law duty of honest performance in contract, both in relation to what was, generally speaking, a standard business contract that did not fall into a unique category. This unanimous judgment was written by Justice Cromwell and proceeds in a two-step process: First, the Court found that there is the general organizing principle of good faith in contract law; and Second, the Court found that this general organizing principle creates a common law duty of honest performance. ..

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Supreme Court of Canada Provides Further Guidance Regarding Notice Requirements

The Supreme Court of Canada has answered an interesting question: When an employee provides notice that they plan to quit their job, can their employer terminate their employment without providing proper notice? In Quebec (Commission des normes du travail) v Asphalte Desjardins inc., the Court answered the question in the negative, finding that terminating a worker’s employment within the notice period provided by the employee requires the employer to provide notice or pay in lieu. ..

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Supreme Court of Canada Provides Further Guidance Regarding Notice Requirements


The Supreme Court of Canada has answered an interesting question: When an employee provides notice that they plan to quit their job, can their employer terminate their employment without providing proper notice? In Quebec (Commission des normes du travail) v Asphalte Desjardins inc., the Court answered the question in the negative, finding that terminating a worker’s employment within the notice period provided by the employee requires the employer to provide notice or pay in lieu. ..

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The Supreme Court of Canada Provides Further Clarification Regarding Aboriginal Rights

The Supreme Court of Canada has followed up its landmark Aboriginal law decision (Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (“Tsilhqot’in”)) with a decision that provides additional clarity on the obligations of governments, the nature of Aboriginal rights and the ability of provinces and private corporations to develop natural resource projects. ..

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The Supreme Court of Canada Grants Aboriginal Title

The Supreme Court of Canada has recently issued a landmark decision concerning Aboriginal title, the obligations of federal and provincial governments, and the ability of those governments to override Aboriginal title. Although rooted in British Columbia’s unique situation and on facts that differ from the status quo in Saskatchewan and the other Prairie provinces, this decision breaks new ground. In Tsilhqot’in Nation v British Columbia, the Court unanimously recognized the Aboriginal title of the Tsilhqot’in, which is the first successful claim in Canada. ..

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Canada's Anti-Spam Legislation Changes Communication between Businesses and Customers

On July 1, 2014, Canada’s Anti-Spam Legislation (“CASL”) comes into force. This package of legislation and regulations lays out the framework for the communication by persons that send commercial electronic messages (“CEM”). It prohibits the sending of CEMs for purchasing, selling, leasing, or providing business or investments opportunities, or advertising for any of these purposes through electronic channels, unless the sender has the consent of the recipient (express or implied), and the message is in the correct form. This prohibition is coupled with stiff penalties that can reach up to $10,000,000.00 for organizations and allow the affected individual to sue the offending person even when no damage or loss was sustained. CASL penalties can be avoided through exceptions within the legislation and regulations or by the consent of the reviewing individual. The consent from the recipient must be obtained by the guidelines provided in CASL. ..

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Tabled Treaties Could Significantly Impact Canadian Intellectual Property Law

On January 27, 2014, the Parliamentary Secretary to the Minister of Foreign Affairs, David Anderson, put five intellectual property law treaties on the table in Parliament. The treaties, if implemented into Canadian law, would increase Canada’s ability to join in trade negotiations with major international partners with respect to trade-mark, patent and industrial design legislation.  ..

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