9 March 2023By Eden Kaill
For International Women's Day yesterday, I decided revive my tradition of creating a celebratory collage of all the fabulous women I work with, to post to our social media accounts.
8 November 2022By Harleen Bhangoo
On September 26, 2022, the Court of Appeal delivered its judgment in Badesha v. Cronos Group Inc., overruling the lower court’s refusal to grant leave to pursue a proposed claim for alleged misrepresentations in the company’s financial results.
11 October 2022By Aaron Gold
The Ontario Court of Appeal recently considered the circumstances in which an Ontario court will recognize and enforce the judgment of another Canadian province which has itself recognized and enforced a foreign judgment. H.M.B. is the first Canadian decision considering the availability of “ricochet judgments” at common law, and emphasizes the care claimants must take in selecting the appropriate province(s) to commence recognition and enforcement proceedings.
23 August 2022By Gush Minhas
The Divisional Court’s decision in Stewart v Demme1 (“Stewart”) is a recent example of the increased scrutiny courts are applying to plaintiffs’ claims in privacy and data breach class proceedings. In this case, the court overturned the certification of a class proceeding against a nurse and a hospital where the nurse had allegedly accessed thousands of patients’ private health records to improperly obtain opioids for personal use.
19 August 2022By Kyra Balogh
Arbitration clauses are a common feature in commercial contracts, but parties to contracts and their lawyers should proceed with caution when drafting such clauses to carefully consider whether the clause is an agreement to arbitrate, or an agreement to obtain a professional opinion.
This issue was considered in a recent Ontario Superior Court decision, 2832402 Ontario Inc. v. 2853463 Ontario Inc.(283 Ontario). In that case, the Court held that a clause in a share purchase agreement requiring the parties to submit certain matters to an “independent accountant” constituted an agreement to arbitrate, thereby requiring a stay of a court proceeding commenced by one of the parties.
6 August 2021By Aaron Gold
Last week, the Supreme Court of Canada released its decision in Grant Thornton LLP v. New Brunswick. The judgment provides important guidance on interpreting and applying the basic two-year limitation period contained in most provincial limitations statutes. Ultimately, the Court held that a claim is discovered when the plaintiff has knowledge, actual or constructive, of the material facts upon which a plausible inference of liability on the defendant’s part can be drawn.
13 July 2021By Eden Kaill
Do you remember the scene in the Wizard of Oz, when Dorothy steps out of her door and the world is transformed from monochrome to brilliant full colour?
I feel like that’s what early June looks like on social media. Suddenly, rainbows are EVERYWHERE. So many companies, Babin Bessner Spry included, change their logo to rainbows (I threw a little glitter on ours too, just to be Extra) and post a Happy Pride message.
And then on June 30, just as suddenly, they all fade back to business as usual. I’ve seen this phenomenon called “rainbow-washing”, and criticized as empty virtue-signalling: “a public expression of a moral viewpoint with the intent of communicating one's own good character” .
7 June 2021By Grace Wickens (Summer Student)
On February 5, 2021, the Supreme Court of Canada released its much-anticipated decision in Wastech Services v. Greater Vancouver Sewerage and Drainage District (“Wastech”)1. Wastech builds upon the doctrine of good faith contractual performance from the Court’s landmark judgment in Bhasin v. Hyrnew (“Bhasin”)2 by clarifying the source and content of the duty to exercise contractual discretion in good faith.
12 February 2021By Eden Kaill
23 December 2020By Michael Bookman
& Zachary Pringle
On Friday, the Supreme Court of Canada released its long-awaited decision in C.M. Callow Inc. v. Zollinger.1 The decision provides a significant elaboration of the scope and implications of the doctrine of good faith in Canadian contract law from the Court’s landmark 2014 decision in Bhasin v. Hyrnew.2