Mike Schafler, Author at Dentons Commercial Litigation Blog - Page 2 of 2

Arbitration

Ontario appeals court confirms narrow appellate jurisdiction over arbitration awards

By Mike Schafler and Rachel Howie

Arbitration

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

By Mike Schafler, Rachel Howie, and Ekin Cinar

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

By Mike Schafler

General

Partial Summary Judgment (Almost) Dead in Ontario

By Mike Schafler, Amer Pasalic, and Miranda Neal

Commercial Litigation

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

By Mike Schafler, Amer Pasalic, and Miranda Neal

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 Mike Schafler and Rachel Howie

Heller v Uber: The Supreme Court finds arbitration clause unconscionable and establishes new test for determining when to stay litigation in favour of arbitration

By Mike Schafler, 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 Mike Schafler

Securities Litigation

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

By Mike Schafler, Matthew Fleming, and Ara Basmadjian

Securities Litigation

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

By Mike 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 Mike Schafler and Matthew Fleming

Securities Litigation

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

By Mike Schafler

Boilerplate across borders: How Canada and the US interpret boilerplate clauses

Boilerplate clauses, though often viewed as routine, can carry significant implications in cross-border transactions. Their interpretation and enforceability may differ between Canada and the US, affecting risk allocation, enforcement strategies [...]

Arbitration: 2025 Year in Review

Arbitration in Canada continued to evolve in 2025 as legislative reform, institutional rule updates and key judicial decisions shaped how arbitration agreements are interpreted and applied. Developments throughout the year [...]

Navigating Canada’s emerging AI landscape: Risks and realities for financial professionals

Canada’s AI regulatory landscape for financial institutions is still taking shape. Without an overarching federal statute, the financial services industry must navigate a patchwork of guidance and regulation from privacy [...]