In recent years, mandatory minimum sentencing legislation for people convicted of criminal offences has often been ruled unconstitutional as cruel and unusual punishment contrary to Section 12 of the Canadian Charter of Rights and Freedoms [Charter] (R v Nur, 2015 SCC 15; R v Loyd, 2016 SCC 13; R v Boudreault, 2018 SCC 58). However, […]
If you are not familiar with the term “umbrella purchasers,” you may very well be forgiven. In everyday conversation the term might simply be used to refer to someone who lives in an abnormally rainy place, or perhaps an individual that has regrettably lost yet another umbrella. In the legal world, however, umbrella purchasers take […]
In Brunette v Legault Joly Thiffault, 2018 SCC 55 [Brunette], the Supreme Court of Canada (“SCC”) clarified a long-standing rule that bars shareholders from bringing a cause of action against a third party for faults committed against a corporation in which they hold shares. In doing so, the Court also reconciled corporate law principles from […]
In January 2019, the Supreme Court of Canada (“SCC”), will be hearing an appeal of Araya v Nevsun, 2017 BCCA 401 [Nevsun], which involves a group of Eritrean plaintiffs who filed a claim for damages at the Supreme Court of British Columbia (“BCSC”) against Nevsun Resources Ltd. (“Nevsun”), a Canadian mining company based in Vancouver, for gross […]
On December 20, 2017, the Supreme Court of Canada (the “Court”) released Deloitte & Touche v Livent Inc., 2017 SCC 63 [Livent], a decision in which the Court refined the framework for analyzing a defendant’s duty of care in cases of negligent misrepresentation of performance of a service. This decision has far-reaching consequences for auditors, […]
When corporate lawyers choose to exchange information with opposing counsel, they do so with a view towards a smooth and confidential closing of their client’s transaction. In particular, the promise of confidentiality is granted by the doctrine of “common interest privilege”. Privilege protects all communications between a professional legal adviser and their clients from being disclosed […]
Alexandra Murray is currently a JD student at Osgoode Hall Law School. Prior to law school, she earned a degree in economics and worked in the mutual fund industry. Alexandra will be completing her articles at a firm in Toronto with an interest in corporate and securities law. On January 25th, the Ontario Court of […]
