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Archive For Entries On Commercial Law

Once Canada’s technology darling, Nortel now heads to court

Only two weeks into the New Year, 2012 is already shaping up to be a watershed year for corporate citizenship in Canada. This week, the Ontario Superior Court of Justice will hear the case of the biggest corporate flameout in Canadian history, starring Nortel Networks Corp [Nortel]. Pre-trial motions started last week in the criminal [...]

Lunchtime Price Gouging: A Possible Sandwich Conspiracy? Ont. CA Upholds Class Certification in Quizno’s Canada Restaurant Corporation v. 2038724 Ontario Ltd.

The Ontario Court of Appeal released a judgment this past summer with significant importance for those interested in Canadian class action suits.  This decision marks the first time the Ontario Court of Appeal has certified a competition class action, and should be closely followed by franchisors with vertical pricing agreements. As noted by S. Dhawan [...]

Proposed Securities Act May Create a More Investor-Friendly and Efficient Canadian Securities Trade

Last week, The Court discussed the constitutionality of the proposed federal Securities Act. This second post discusses the potential effects that the Act may have on the securities trade in Canada. In a move to address systemic inconsistencies in Canadian securities regulation, the federal government recently drafted a federal Securities Act, intended to coordinate and [...]

Will the Interest of Bona Fida Purchase For Value Without Notice Maintain its Priority Status?: I-Trade v. BMO

On April 1st, 2010, the Supreme Court of Canada granted leave to appeal to I-Trade Finance Inc. v. Bank of Montreal. In a nutshell, financing was obtained from an innocent party through fraudulent means. These assets were then used to obtain credit from a second innocent party. After the fraud was discovered, there were insufficient assets to [...]