Supreme Court Decides Businesses Cannot Be Part Of Class Action Where Arbitration Clause Exists
In a close, 5-4 decision, the Supreme Court of Canada recently reinforced the primacy of arbitration agreements. The Court held that if businesses are parties to a standard form contract containing an arbitration provision, they cannot join a class action relating to that contract, even with consumers against whom the same arbitration provision cannot be enforced. In TELUS Communications Inc. v Wellman, the Court held that business members of a proposed class action were required to arbitrate their disputes. They could not litigate their cases in court as part of a class action brought on behalf of consumers. Our previous ... [more]
Canada: Competition Law Year In Review 2018
Review of major Canadian Competition Law developments over the past year, including: Top Stories, Private Actions and Class Actions, Reviewable Matters, Marketing Practices, Criminal, Mergers, and more. [more]
Superior Court sentences trader to six months incarceration for trading in Promissory Notes despite securities trading ban
On September 26th, Justice Charney of the Ontario Superior Court of Justice released his sentencing decision. This sentencing followed an appellate decision by Justice Charney from May, 15th, 2018 in which Tiffin was convicted of trading in securities without registration and while prohibited as well as distributing securities without a prospectus. [more]
Influencer Marketing and Competition Law in Canada: The Basics
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