Commercial Litigation and Dispute Resolution Blog

In a highly anticipated decision, the Supreme Court of Canada (the “SCC”) in Barendregt v Grebliunas, 2022 SCC 22 confirmed the appropriate test for admitting additional evidence on appeal.

This decision confirms that the long-standing test set out in R.v. Palmer, [1980] 1 SCR 759, applies both to evidence that existed at the time of trial but was not adduced at that ...

Unlike the United States, Canada does not have a national securities regulator. In Canada, each province regulates securities through its own securities commission. One of the means of harmonizing securities regulation across the country is a provision in the securities legislation of each province that empowers its regulator to make an order (often referred to as a ...

In a highly-anticipated and extremely significant pair of decisions for businesses and consumers alike, the Supreme Court of Canada (“SCC”) ruled on Thursday (October 31, 2013) that the ultimate consumers at the end of a supply chain can effectively leap-frog the supply chain by having direct legal recourse in a class action against a manufacturer who illegally ...

Many readers would be surprised to know that where you purchase real property with money provided from a third party there is a presumption that you are purchasing that property, or interest in that property, on behalf of the third person.  This is called the doctrine of “purchase money resulting trust”.  Until recently, there was some question as to whether this remained ...

On March 7, 2013, the Supreme Court of Canada issued an important decision regarding the obligation of public authorities to compensate private landowners in circumstances where public infrastructure construction has interfered with the private use and enjoyment of land.  In doing so, the Court ruled that a court must weigh the overriding public good occasioned by the ...

This post was submitted by Lawson Lundell guest author, Toby Kruger.

On May 10, 2012, Marko Vesely and Toby Kruger appeared at the Supreme Court of Canada on behalf of the British Columbia Civil Liberties Association (“BCCLA”) in A.B. by her Litigation Guardian, C.D., v Bragg Communications.

In this case, a 15 year-old girl (A.B.) in Nova Scotia became aware of a Fake ...

On December 22, 2011, the Supreme Court of Canada released its decision in Reference Re: Securities Act, 2011 SCC 66.  As noted in a previous post, the Reference involved a show down between the federal government and various provincial governments over the question of whether the legislation creating a proposed new national securities regulator is constitutionally ...

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 ...

The sale of condominiums in British Columbia is a big business.  The financing for the development of these condominiums is often dependant on the successful marketing and sale of the condominium units prior to construction.  These marketing and sale activities are governed by the Real Estate Development Marketing Act (British Columbia) (“REDMA”) which, among ...

There is a card in Monopoly that reads “Bank error in your favour” and which entitles you to keep the $200 wrongly credited to your account.   Banks can make errors.  Banks are also frequently the victims of fraud.  The result of this is often that a lucky customer’s account suddenly has a much larger balance.  However, unlike Monopoly, when this occurs, the bank will do all it ...