Commercial Litigation Update – November 2006
CONTRIBUTORS: MEREDITH HAYWARD, KENNETH DEKKER, PAUL EMERSON, KYLE PETERSON,AND ADAM WYGODNY SUPREME COURT OF CANADA CONFIRMS LITIGATION PRIVILEGE OF LIMITED DURATION In its first review of the lifespan of litigation privilege, the Supreme Court of Canada has recently ruled that, unlike solicitor-client privilege, it “expires with the litigation of which it was born.” … and more. Read the PDF [more]
Best Practices for Assessing your Risk of Fraud
rolling up your sleeves to get it right at the start
In the public sector, fraud prevention begins with understanding the main types of fraud that occur, including: a) contracting/procurement fraud; b) claims/benefits fraud; and c) corruption/influence peddling. It is important to have in place mechanisms to both prevent and minimize the risk of fraud and to monitor and investigate situations in which fraud might be occurring. [more]
Court of Appeal stays Ontario action in favour of the Iranian courts
This past summer, Ontario's highest court made it clear that contracting parties who choose a particular nation's courts for the litigation of their disputes will almost always be held to their choice - even where that forum may not conform to the traditional Canadian concepts of democracy and fairness. [more]
Are courts more willing to enforce restrictive covenants?
Prima facie all covenants in restraint of trade are illegal and therefore unenforceable. Recently, this pillar of the law of contract has been given a new, albeit off-putting, coat of paint. [more]
Regulation of businesses in Canada through private litigation
Regulation - Court decisions arising from private litigation under the common law (in Quebec, the Civil Code), and statutory remedies that supplement the common law, are an essential and often overlooked component of the regulation of businesses in Canada. [more]
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