In a recent 8-1 decision, the Supreme Court of Canada upheld a majority court of appeals decision and invalidated a semi-ipso facto clause providing that a company's bankruptcy filing triggers a ...

Starting in 1997, the Supreme Court of Canada (“SCC”) has rendered a series of decisions that have progressed from the imposition of a duty of good faith and fair dealing on the employer, at the time ...

One of the few CUSMA trademark provisions that has not yet been implemented into Canadian law is the requirement under Article 20.18, to provide trademark protection for “collective marks,” which are ...

This article examines the difficulties that privilege issues can present in international arbitration, and concludes that solutions oftentimes lie with an overlooked legal tool—common sense. While ...