A big reversal just happened in the fast-moving world of securities class action litigation. In the last eight months, it seemed that the Ontario Superior Court, the Ontario Court of Appeal, and the Supreme Court of Canada were all hitting the brakes on securities class actions. Full article
The Ontario Court of Appeal gave the Consumer Protection Act a pro-consumer interpretation in Weller v. Reliance Home Comfort Limited Partnership, but the “consumer” who brought the Application still lost. Under the Act, judges can bind consumers to contracts that fall short of consumer protection requirements, if annulling the contracts would be unjust. Full article
Review of major Canadian Competition Law developments over the past year, including: Criminal, Reviewable Matters, Mergers, Marketing Practices, Private Enforcement, The Long Arm of US Antitrust, Across the Pond Top Stories
- Can indirect purchasers sue for price-fixing losses?
- Bureau reverses the charges on hidden fees
- Court throws the book at Yellow Page business directory scam
The Ontario Court of Appeal shed new light on the standard of review for international arbitrations in United Mexican States v. Cargill, Inc. Courts must review an arbitral tribunal’s assumption of jurisdiction on a correctness standard. But the merits of the tribunal’s decision attract the utmost deference. The Court found that the NAFTA Chapter 11 Arbitral Tribunal under review correctly assumed its jurisdiction, upholding the Tribunal’s $77.3 million award against Mexico. Full article