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commercial litigation

By McCarthy Tétrault LLP | 7 Minutes Read January 25, 2021

The duty of care for pure economic loss: How far does it extend? The Supreme Court delivers its judgment in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. et al.

Twelve years after the listeria outbreak at the heart of the case, the Supreme Court of Canada released a 5-4 decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. et al., 2020 SCC 35, on November 6, 2020, ruling in favour of the defendant Maple Leaf Foods Inc. This is a consequential decision on economic loss in tort that confirms that there is no general right in tort protecting against the negligent or intentional infliction of pure economic loss in Canadian law, and that the circumstances in which pure economic loss may be recovered remain limited.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / Business, commercial litigation, Duty of care, economic loss, franchise agreement, Maple Leaf, Mr. Sub, negligence Leave a Comment

By Occasional Contributors | 6 Minutes Read April 7, 2020

Protecting Canadian public companies from the potential class action fallout of COVID-19

One of the key metrics to determining how attractive a target a company is for class action lawyers is the length of the anticipated "class period" – i.e. the period between the date of the first misrepresentation and the date of the corrective disclosure.

Article by Occasional Contributors / Business, Finance and Accounting / commercial litigation, force majeure, insider trading, risk disclosure, shareholder value

By Occasional Contributors | 4 Minutes Read January 15, 2020

Construction disputes: A contractor’s right to be paid vs. owner’s claims for defective work

It is one of the most common scenarios in construction litigation: work has completed, the contractor has rendered its final bill and an owner refuses to pay on the basis that there were delays or that there are defects or deficiencies with a contractor’s work. While contracts can and do provide allowances for such situations, that is not always the case.

Article by Occasional Contributors / Business, Finance and Accounting / commercial litigation, construction, construction contracts, contracts, contractual relationship, real estate, right to be paid

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