Causation is often the most difficult element to prove in a negligence action. The but for test, most famously articulated by Athey v Leonati, [1996] 3 SCR 458, helps to ensure fairness by requiring the plaintiff to prove on a balance of probabilities that “the injury would not have occurred but for the negligence of […]
Not So Fresh An Ontario Superior Court judge has refused to certify a class action brought by a group of Tim Hortons franchisees (led by Brule Foods) in 2008 over changes made by the company nearly a decade ago. These changes, effected in 2002, included centralizing donut and pastry baking at a company plant in […]
Can innovator pharmaceutical companies rely on exemptions in the Access to Information Act (the “Act”) to block the disclosure of documents that might contain information that could hurt its business? The Supreme Court of Canada (“SCC”) handed down its long-awaited decision on the treatment of sensitive commercial information under the Act in Merck Frosst v. […]