Walter v Western Hockey League Part 2: Plaintiffs Score on Class Action Certification

By Sierra Bilyk and Lan Nguyen

Last year we wrote [1] about the commencement of a class action lawsuit, Walter v Western Hockey League, taken against the Western Hockey League (WHL) and its umbrella organization, the Canadian Hockey League (CHL). This league also includes clubs in the American states of Oregon and Washington. In that post we discussed the admissibility of evidence and pre-certification disclosure in connection to two pre-certification decisions. In this post, we continue the saga with the recent decision [2] of the Alberta Court of Queen’s Bench wherein the representative plaintiffs seek to have their action certified in Alberta under the Class Proceedings Act [3].… Continue Reading

By Monique Ronning

The Ontario Government is moving forward with its plan to implement wide-sweeping changes to the province’s employment and labour laws. The proposed legislation, Bill 148, the Fair Workplaces, Better Jobs Act, 2017, will enter its Second Reading in the Ontario legislature soon. Our colleagues in Toronto recently addressed the status of Bill 148 in their blog post “Ontario’s Employment and Labour Law Reform Bill Continues to Undergo Changes.”

If you have any questions about Bill 148 and how it will impact your workplace, please do not hesitate to contact us, Tim Lawson, Matthew DemeoContinue Reading

On September 1, 2017, the Trudeau Cabinet (Governor-in-Council) promulagated many of the regulations necessary for the implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) on September 21, 2017. The Canada-EU CETA regulati9nos were published in in the September 7, 2017 Canada Gazette. The most important document is an Order-in-Council fixing September... Continue Reading

The post Canada Has Published Order-In-Council And Regulations For Canada-EU CETA Implemenation appeared first on Canada-U.S. Blog.

On September 8, 2017, Canada announced free trade agreement exploratory discussions with the 10 ASEAN countries (Cambodia, Brunei, Indonesia, Laos, Malaysia, Myanmar (Burma), the Philippines, Singapore, Thailand, and Vietnam).  An ASEAN-Canada free trade agreement is possible and the timing is opportune (with the United States leaving the TPP). The ASEAN Countries and Canada issued a... Continue Reading

The post Canada Considering FTA With ASEAN Countries appeared first on Canada-U.S. Blog.

Originally published by the Journal of Commerce in September 2017. As the scoundrels of the world are ever more creative with their attempts to circumvent the law, Customs and Border Protection (CBP) responds by implementing new tools.  One new tool is worth considering and one existing tool is worth revisiting. The new enforcement tool is... Continue Reading

The post CBP : Old Issues / New Tricks! appeared first on Canada-U.S. Blog.

The territories of Guadeloupe, Martinique, Saint Bartelemy (also known as Saint Barts) and Saint Martin will receive the benefits of the Canada-European Union Comprehensive Economic and Trade Agreement (the Canada-EU CETA”) when the Canada-EU CETA is provisionally implemented on September 21, 2017.  A number of EU territories in the Caribbean are excluded from coverage of... Continue Reading

The post Canada-EU CETA Will Help Some Caribbean Islands appeared first on Canada-U.S. Blog.

By Monique Ronning

In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the Court considered a case where the employer terminated the plaintiff’s employment before he commenced work. The Court rejected employer’s argument that the probation period clause applied to limit its liability to provide notice of termination of employment. Despite the contractual termination provisions in the employment agreement, the Court awarded the plaintiff common law reasonable notice. It is important that employers take note of the legal principles in this case if they plan to retract an offer of employment.

Background

On October 16, 2017, Colton Buchanan accepted an … Continue Reading

By Gabrielle Baracat and Paul Blanchard

In Camions Daimler Canada ltée v. Camions Sterling de Lévis inc., 2017 QCCA 798, the Quebec Court of Appeal confirmed that the duty to inform that exists between contracting parties, which has been recognized as a general principle of Quebec contractual law since the early 1980s, may also apply to third parties, insofar as they might be impacted by the contractual relationship.

Background

A dispute arose from the unilateral termination of a dealership contract by the Appellant, Camions Daimler Trucks Canada Ltée (“Daimler”). The dealer, the respondent Camions Sterling de Lévis Inc. (“Lévis”), … Continue Reading

By Paul Davis and Amanda Iarusso

Earlier this month, the Ontario Superior Court of Justice handed down its decisions in four separate actions in the Fortress cases,[1] serving as a reminder to defendants about a useful tool that can still yield the favourable result of substantially narrowing a class proceeding: the pre-certification motion to strike.

Syndicated Mortgages

Four land development projects in the Greater Toronto Area sought financing by means of syndicated mortgages in which relatively small investors participated. The projects ultimately entered creditor protection, and certain investors commenced proposed class proceedings against a number of participants in the projects.… Continue Reading