Michael D. Schafler
Full bioPetrowest: SCC affirms primacy of parties’ arbitration agreement, creates narrow exception for insolvencies
Ontario Superior Court Confirms Hacked Companies are not “Intruding” on Anyone’s Seclusion
Partial Summary Judgment (Almost) Dead in Ontario
Malik v Attia: Ontario Court of Appeal further restricts partial summary judgment
Virtual Hearings in Arbitration: Here to Stay, How to Prepare
The COVID-19 pandemic has affected how disputes are heard. While arbitration, and in particular international arbitration, was already fairly amenable […]
Heller v Uber: The Supreme Court finds arbitration clause unconscionable and establishes new test for determining when to stay litigation in favour of arbitration
On June 26, 2020, the Supreme Court of Canada (SCC) released its highly anticipated decision in Heller v Uber, 2020 SCC 16 [Heller]. […]
Test for Leave to bring Secondary Market Securities Class Action is not a “Low Bar”
The recent decision in Bradley v. Eastern Platinum Ltd.[1] saw the Superior Court of Justice reaffirm the position that the […]
Supreme Court of Canada considers Limitation Period for Secondary Market Securities Class Actions
Procedural Fairness Owed to Defendants May Redefine how Plaintiffs Proceed under the OSA
Theratechnologies inc. v. 12185 Canada inc: Supreme Court of Canada raises the bar for obtaining leave to bring secondary market securities class actions
UPDATE: Zungui Class Action Settlements against Remaining Defendants Approved by Court
Use of dispute financing in the mining sector
Dispute financing has seen a marked expansion over the last decade as new funders emerge and existing funders increase their […]