A contractor who made a mistake in price in a tender cannot walk away from its bid, even if the tender instructions call for submission of additional documentation, in which the mistake becomes obvious, the Ontario Court of Appeal recently held.[1] This decision is an important re-affirmation of the principle that contractors are bound by [...]

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Contributing Authors: Kenneth A. Dekker , Paul Emerson, and Angela Yadav The future of shareholder class actions in Ontario The times are changing for shareholder class actions in Ontario. Last year, the Ontario Superior Court of Justice rendered Canada’s first-ever shareholder class action judgment arising from misrepresentations on an initial public offering (“IPO”) (Kerr v. [...]

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In late March, the Ontario Court of Appeal overturned the decision of Mr. Justice Farley to remove two new directors of steelmaker, Stelco Inc., during its restructuring under the Companies’ Creditor s Arrangement Act (“CCAA”). In ordering the Stelco directors reinstated, the Court of Appeal highlighted that the discretion given by the CCAA to the [...]

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In a decision released last month, the Ontario Court of Appeal agreed with the finding of Cullity J. of the Superior Court of Justice that foreign class actions that include Canadian plaintiffs as class members may be recognised and enforced in Ontario – as long as Ontario plaintiffs are given sufficient procedural protections in the [...]

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In Bahlieda v. Santa[1], the question of whether information placed on a website and made available through the Internet is “broadcast” within the meaning of the Ontario Libel and Slander Act remains unanswered. The Ontario Court of Appeal recently overturned a motions judge’s finding that placing material on the Internet via a website, constitutes a [...]

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