International Women’s Day: A Reflection

9 March 2023

By 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. 

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Secondary Market Misrepresentation Claim Against Cannabis Company Gets Green Light From Ontario Court of Appeal

8 November 2022

By 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.

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Ontario Court of Appeal Rules Ricochet Judgments Not Available at Common Law

11 October 2022

By 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.

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Not All Informational Privacy is Worthy of Protection – The Increasingly High Bar for Certification in Privacy Class Actions

23 August 2022

By 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. 

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“Staying” a while: Superior Court of Justice embraces function over form in evaluating what constitutes an agreement to arbitrate.

19 August 2022

By 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.

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SCC Clarifies Statutory Limitation Period & Degree of Knowledge Required for Discoverability

6 August 2021

By 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.


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Not in Kansas Anymore: on the (limited) value of rainbow-washing*

13 July 2021

By 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” .

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Wastech joins “good faith” trilogy at Supreme Court of Canada, addressing exercise of contractual discretion

7 June 2021

By 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”)1Wastech 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.

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Zoom Hearing or Virtual School? You Decide!

12 February 2021

By Eden Kaill
  • You probably shouldn’t wear a plague doctor mask
  • The guy in charge keeps accidentally muting himself and no one is willing to say anything

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Bhasin revisited: C.M. Callow Inc. v. Zollinger provides straightforward example of breach of honest contractual performance

23 December 2020

By 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

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