On November 4, 2021, the Supreme Court of Canada (“SCC” or "the Court”) released the decision of H.M.B. Holdings Ltd. v. Antigua and Barbuda, 2021 SCC 44 [H.M.B. Holdings]. In an increasingly virtual world, it can be difficult to determine whether a company is “carrying on business” in Canada. The SCC considered this issue in […]
Chandos Construction Ltd v Deloitte Restructuring Inc 2020 SCC 25 (“Chandos”) explores a number of issues but the main one addresses the anti-deprivation rule and whether its application requires an effects-based test or a purpose-based test. In essence, the anti-deprivation rule does not allow contracting parties to include contractual provisions where, if one party declares […]
“Privilege” is a common-law doctrine that prevents the compulsory disclosure of documents or information that is against the public interest. As Justice L’Heureux-Dubé explains: The doctrine of privilege acts as an exception to the truth-finding process of our adversarial trial procedure. Although all relevant information is presumptively admissible at trial, some probative and trustworthy evidence […]