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Friday, October 27, 2023 @ 5:28 PM

SCC rules on duty of contractual loyalty linked to good faith, remedy of disgorgement of profits Supreme Court of Canada Justice Nicholas Kasirer

In an important Quebec civil law judgment on remedies and contractual obligations of loyalty and good faith, the Supreme Court of Canada has 6-0 dismissed the appeal of two corporate directors who bought three thriving businesses they ran from the controlling shareholders — only to sell them on at a hefty profit — without ever telling the shareholders that the third-party buyer had wanted to acquire their businesses. ... [read more]

Thursday, October 26, 2023 @ 5:18 PM

[ Legal Wire ] - Nunavut court rejects appeal of injunction against protesters on Baffin Island mine

The Nunuvut Court of Appeal has rejected appellants’ appeal of an injunction against them for protesting over a mine and impeding on its economic activity. ... [read more]

Thursday, October 26, 2023 @ 11:25 AM - Last Updated: Friday, October 27, 2023 @ 12:24 PM

PM’s pick of CJ Moreau for top court means SCC poised to have a female majority for the first time

The Supreme Court of Canada could soon have a majority of women judges for the first time since its creation in 1875, following the historic nomination of Alberta Court of King’s Bench Chief Justice Mary Moreau to fill the top court’s Western/Northern seat vacated last June by Justice Russell Brown. ... [read more]

Thursday, October 26, 2023 @ 10:47 AM

[ Legal Wire ] - Ontario court dismisses appeal in dispute over share purchase agreement

The Ontario Court of Appeal has dismissed an appeal regarding a share purchase agreement of companies involved in rooftop solar projects where the monetary amount was not paid out. ... [read more]

Thursday, October 26, 2023 @ 10:44 AM

World watching how Canada redistributes proceeds from seized Russian assets: Ukrainian ambassador Yulia Kovaliv

Ukraine’s ambassador to Canada says other countries are “carefully watching” to see how federal authorities and Canadian courts implement an internationally-groundbreaking federal law enabling the proceeds from seized Russian assets in Canada to be directed to rebuilding and compensating war-shattered Ukraine. ... [read more]

Wednesday, October 25, 2023 @ 12:53 PM

Court challenge will bring legal certainty to infrastructure projects, Ontario AG says Ontario Attorney General Doug Downey

Ontario is turning to the courts to declare the federal government’s controversial Impact Assessment Act (IAA) to be of no force and effect after the Supreme Court found it to be largely unconstitutional. ... [read more]

Tuesday, October 24, 2023 @ 4:31 PM

Legal professionals’ exemption from reporting possible tax avoidance to CRA extended to Dec. 1

A temporary court injunction (consented to by the federal government) that exempts legal counsel until Nov. 20 from mandatory obligations, as tax advisers, to report their clients’ possible tax avoidance to the Canada Revenue Agency (CRA) has been extended to Dec. 1 by a British Columbia Supreme Court judge. ... [read more]

Monday, October 23, 2023 @ 4:39 PM

[ Legal Wire ] - Court denies creditor leave to appeal decision subordinating security interest for remediation work

The Alberta Court of Appeal has denied a creditor leave to appeal a decision subordinating its security interest in certain equipment of insolvent gravel pit operator in order to allow it to complete environmental remediation work. ... [read more]

Monday, October 23, 2023 @ 2:01 PM

Oversight of Ontario government appointments to tribunals has become farce | Brian Cook

Over the course of a mandate, governments make thousands of appointments to agencies boards and tribunals. In Ontario, the Standing Committee on Government Agencies is mandated to bring some oversight to these appointments by requiring selected intended appointees to appear before the committee. This system has degenerated to the point that very few appointees appear, leaving the system of appointments to operate with virtually no oversight. ... [read more]

Monday, October 23, 2023 @ 11:53 AM

[ Legal Wire ] - Ontario Court of Appeal grants partial stay on proceedings in lithium mine royalty dispute

The Ontario Court of Appeal has granted a partial stay of enforcement in an action concerning the sale of royalty interests in a lithium mining project, finding that a jurisdiction challenge by certain shareholders of the seller may succeed on appeal. ... [read more]