Commercial Litigation and Dispute Resolution Blog

On November 7, 2011, the federal Government issued a consultation paper on proposed amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing (“PCMLTF”) Act and Regulations which, if enacted, will impose significant new obligations on reporting entities covered by the legislation.

The PCMLTF legislation, as the name suggests, is aimed at ...

This post was submitted by Lawson Lundell guest author Euan Sinclair, Director, Knowledge Management.

The titanic legal battle over the soul of Alberta’s Personal Information Protection Act took a new twist recently, when the Supreme Court of Canada refused the Alberta Information and Privacy Commissioner’s application for leave to appeal the Alberta Court of ...

Anyone who has ever participated in a recreational or sporting activity, whether offered by a community organization or commercial operator, will be familiar with the types of release and waiver forms invariably required to be signed as a condition of participation.  Such forms typically purport to release the operator from liability for any and all injuries or other ...

The Supreme Court of British Columbia recently handed down a decision on litigation between one of the country’s largest real estate companies, Century 21, and Rogers Communications Inc., the owner of the Zoocasa website which promotes property listings across Canada. The case deals with some groundbreaking issues on the subject of enforceability of a website’s ...

The separate legal personality of the corporation as distinct from its shareholders has been a corner stone of corporate law since the landmark decision of Salomon v. Salomon, [1897] AC 22.  Canadian courts have consistently held that a corporation is a distinct legal entity from its shareholders who are not liable for the acts of the corporation.  However, over the last ...

At my in-laws recently, a rather overbearing friend of theirs was expounding to the gathered on the evils of banks and their obligations to provide anyone who wants one with a bank account.  Among other erroneous information, he opined that the right to have a bank account was inalienable and could not be denied by any financial institution.

Though it was not worth saying so at ...

The press is riddled with stories concerning perceived problems with the court system.  Various commentators say it is too slow, too expensive and procedurally unwieldy.  These concerns have led some to conclude that arbitration is a better alternative. Arbitration agreements do have risks which parties should understand before agreeing to an alternate form of ...

A few months ago I posted on the legal intrigues surrounding the sale of Liverpool F.C.

I received a bunch of positive feedback and a significant amount interest on that topic. As you may recall, I also promised to update readers on the progress of the Hicks and Gillett lawsuit in the U.S. So, with that segue, here's what has happened…..

When we last left our tale, Hicks and ...

This post was submitted by Lawson Lundell guest author Euan Sinclair, Director, Knowledge Management.

In the absence of a national identity card, many Canadians are routinely required to use their driving licences to prove their identity in the course of business, commerce or travel. But when is it lawful for organizations to record information from the licence to ...

On April 13–14, 2011, the Supreme Court of Canada will hear a reference involving a show down between the federal government and various provincial governments over the question of whether the proposed new national securities regulator is constitutionally valid.

Currently, the securities industry in Canada is primarily regulated through provincial securities ...