BC Court Slams Door on Waiver of Tort for Breach of Statute
Waiver of tort is not available as a tool to force disgorgement of profits in cases under British Columbia’s consumer protection legislation, the BC Court of Appeal held last week in Koubi v. Mazda Canada. The court declined, however, to rule on the issue of whether waiver of tort is a stand-alone cause of action or merely an election of remedies. Nevertheless, the court’s decision narrows the availability of waiver of tort, which has important implications for class actions alleging breaches of statutes, including class actions alleging conspiracy contrary to the Competition Act. Mazda’s unintended keyless entry In 2006, ... [more]
Maple Approval Leaves Canada with Regulated Monopoly Stock Exchange
In a surprise move, the Competition Bureau cleared the Maple Group's bid to acquire TMX Group, Alpha Group, and Canadian Depository Services on July 4, 2012. On the same day, the OSC issued a recognition order regulating the Maple Group. These approvals leave Canada with one stock exchange that will operate as a regulated monopoly. [more]
Six months’ severance is six months’ severance! Dismissed employee awarded full contractual severance, despite new job
In its decision released on June 21, 2012 in Bowes v. Goss Power Products Ltd., 2012 ONCA 425, the Ontario Court of Appeal confirmed that where an employer has agreed to continue paying salary to a dismissed employee for a fixed period in a written employment agreement, that is the obligation and it will be enforced. [more]
No defined limit on AMPs, court says
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