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Michael D. Schafler

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  • Arbitration

Ontario appeals court confirms narrow appellate jurisdiction over arbitration awards

By Michael D. Schafler and Rachel Howie
  • Arbitration

Petrowest: SCC affirms primacy of parties’ arbitration agreement, creates narrow exception for insolvencies

By Michael D. Schafler, Rachel Howie, and Ekin Cinar
  • Class Action
  • Privacy and Cybersecurity

Ontario Superior Court Confirms Hacked Companies are not “Intruding” on Anyone’s Seclusion

By Michael D. Schafler and Kristin AuCoin
  • General

Partial Summary Judgment (Almost) Dead in Ontario

By Michael D. Schafler, Amer Pasalic, and Miranda Neal
  • Commercial Litigation

Malik v Attia: Ontario Court of Appeal further restricts partial summary judgment

By Michael D. Schafler, Amer Pasalic, and Miranda Neal
  • Arbitration
  • Covid-19
  • International Arbitration

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 […]

By Michael D. Schafler and Rachel Howie
  • Alternative Dispute Resolution (ADR)
  • Class Action
  • Commercial Litigation

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]. […]

By Michael D. Schafler, Marina Sampson, Chloe Snider, and Meredith Bacal
  • Securities Litigation

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 […]

By Michael D. Schafler
  • Securities Litigation

Supreme Court of Canada considers Limitation Period for Secondary Market Securities Class Actions

By Michael D. Schafler, Matthew Fleming, and Ara Basmadjian
  • Securities Litigation

Procedural Fairness Owed to Defendants May Redefine how Plaintiffs Proceed under the OSA

By Michael D. Schafler
  • Securities Litigation

Theratechnologies inc. v. 12185 Canada inc: Supreme Court of Canada raises the bar for obtaining leave to bring secondary market securities class actions

By Michael D. Schafler and Matthew Fleming
  • Securities Litigation

UPDATE: Zungui Class Action Settlements against Remaining Defendants Approved by Court

By Michael D. Schafler
  • Commercial Litigation
  • Mining

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 […]

By Rachel Howie, Michael D. Schafler, and Matthew Diskin
  • Securities Litigation

Ontario Proposes Whistleblower Regime

By Matthew Fleming and Michael D. Schafler

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