The Ontario Court of Appeal (the “Court”) recently provided much needed guidance on the distinction between the oppression remedy and derivative actions. While both claims can be used to address corporate misconduct, there are important differences between the oppression remedy and derivative actions which should determine the choice of remedy in a particular set of circumstances.
Differences between the Oppression Remedy and Derivative Actions
Website Users May be Bound by Contract Terms
Century 21 Canada Ltd. Partnership v. Rogers Communications Inc., 2011 BCSC 1196
A treatise on browsing, indexing, scraping and republishing internet content.
Forum Selection Clauses Govern
Preymann v. Ayus Technology Corporation, 2012 BCCA 30
The latest word on the enforceability of forum selection clauses.
Contract Enforceability is a Matter of Substance over Form
Hoban Construction Ltd. v. Alexander, 2012 BCCA 75
Does a handwritten document, hastily drafted and signed in a gravel pit, constitute a legally binding contract?
The Court of Appeal Settles the Priorities between Lien Claimants and Mortgagees
Bank of Montreal v. Peri Formwork Systems Ltd. 2012 BCCA 4
The latest word from the Court of Appeal on priorities between lien claimants and mortgagees and their receivers.
The Obligation of Good Faith on Derivative Applications Narrowed
Holdyk v. Adolph, 2012 BCCA 37
Does the intention to wind up a company demonstrate a lack of good faith for those seeking to bring a derivative action?
Construction Contracts for Projects in Canada: AIA Documents and CCDC Comparison
Over the weekend, Roy Nieuwenburg’s article, “Construction Contracts for Projects in Canada: AIA Documents and CCDC Comparison”, was debuted at the USLAW Conference in San Antonio, Texas in the Spring/Summer edition of USLAW Magazine.
Duty of Good Faith and Honest Performance Extended to All Contracts in Canada
By Warren Brazier with Shauna Towriss
On November 13, 2014, the Supreme Court of Canada updated Canadian common law by extending for the first time the principle of good faith to all contracts. Previously, the duty of good faith existed only in employment and insurance contacts in Canada. The ruling now aligns Canadian common law with Civil Law in Quebec and the law in most U.S. jurisdictions. The Court expects its decision to bring certainty and coherence to this area of law.
Playing Nice: CIPO to accept applications with Nice Classifications this fall
In a milestone step towards harmonization of Canada’s trade-mark regime with most other developed countries, the Canadian Intellectual Property Office (CIPO) announced yesterday that starting this fall, it will accept trade-mark applications filed with goods and services classified using the Nice Classification system.
According to CIPO’s announcement, there will be changes to its website to take advantage of the use of Nice Classification. In particular, the Goods and Services Manual will be redesigned to facilitate classification of goods and services, and the search capability of the CIPO online database will be updated to allow for searching within specific classes.
Bill C-59 Receives Royal Assent – Certain amendments to the Trade-marks Act, Copyright Act, the Patent Act and the Industrial Designs Act
The above Bill is an omnibus budget bill which also contains the following amendments affecting intellectual property in Canada:
- Force majeure – Under this provision, extension of time limits in unforeseen circumstances will be allowed. This provision allows the Canadian Intellectual Property Office to extend deadlines in the event of floods, ice storms and other natural disasters so that holders of intellectual property rights can avoid the inadvertent loss of rights in such events.
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