SCC to Consider Spoliation: Remedies for Document Destruction

The Supreme Court of Canada granted leave in a case that could clarify spoliation remedies, and particularly where a party destroys or refuses to produce documents relevant to damages. The case involves the world’s largest hedge fund and private equity administrator, SS&C Technologies Canada Corp. (“SS&C”), and the world’s largest custodial bank, Bank of New York Mellon Corporation (“BNY”) and its affiliate, CIBC Mellon Global Securities Services Company (“CIBC Mellon”). SS&C had a contract with BNY’s predecessor and a similar one with CIBC Mellon for the provision of market pricing data for securities. CIBC Mellon subsequently terminated its contract with ... [more] Full article
From Ink to Emojis: The New Era of Enforceable Contract Signatures
In its recent decision in Achter Land & Cattle Ltd. v South West Terminal Ltd., 2024 SKCA 115, the Saskatchewan Court of Appeal upheld the Court of King’s Bench decision ... [more] Full article
Ontario Court of Appeal Denies Employee’s Claim for Vested Stock Units
In its recent decision in Preston v. Cervus Equipment Corporation, the Ontario Court of Appeal overturned the motion judge’s decision and found the wrongful dismissal settlement precluded the employee’s entitlement ... [more] Full article
Ontario Court of Appeal Affirms Employer’s Duty to Provide Honest Reasons for Dismissal
In Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Ontario Court of Appeal upheld a Superior Court of Justice decision confirming that the duty of honest performance applies ... [more] Full article
- The Supreme Court of Canada Provides Guidance on Interpreting Exclusion Clauses
- Lying to home insurer regarding living expenses leads to denial of entire claim
- Non-Competition Agreement in Dental Practice Sale is Enforceable: Court of Appeal for Ontario Provides Something to Chew On
- Ontario Court of Appeal Confirms that Refusal to Comply with Vaccination Policy Amounts to Frustration of Contract