Canada’s influence in mega-deals is becoming increasingly important in getting the deal done and continues to position the country as a strategic asset in an increasingly global marketplace. If companies have assets located in Canada or business conducted in Canada that meets a threshold, they must co-operate not only with Canada’s Competition Bureau but also with any other jurisdiction that would have authority over the deal.
The Competition Bureau has announced its plans to review its leniency and immunity programs this year. Lawyers say any proposed changes need to walk a fine balance, lest they discourage anyone from coming forward to offer information needed to build cases. “The proposed changes that the bureau is looking at are a pretty big deal in the enforcement and administration of the criminal conspiracy provisions of the Competition Act,” says Subrata Bhattacharjee, partner with Borden Ladner Gervais LLP in Toronto.
While the Competition Act allows for private actions at the Competition Tribunal in limited circumstances, it’s a provision that has seen little take-up, in part because of the high bar that was set in order for those actions to go ahead. Competition lawyers say it makes sense to make it easier to start more private actions. “You’re dealing with a Competition Bureau that is resource-restrained — they’re not going to bring every case that comes to them by way of a complaint,” says Nikiforos Iatrou, partner with WeirFoulds LLP in Toronto.
Human rights organizations are intervening in an appeal by an HIV-positive man convicted of two counts of sexual assault causing bodily harm. Ryan Peck, executive director of HIV & Aids Legal Clinic Ontario, and Richard Elliott, executive director of the Canadian HIV/Aids Legal Network, say their organizations are intervening in an upcoming Nova Scotia Court of Appeal case.
Human Rights Tribunal of Ontario has ruled in favour of an evangelical Christian school that would not admit the son of a same-sex couple over the school’s stance on same-sex marriage.
A ruling in a civil damages case awarding $80,000 to a man racially profiled by a Toronto police officer is believed to be the largest of its kind so far in Ontario. Lawyers say the ruling in Elmardy v. Toronto Police Services Board 2017 will have important effects on how damages are sought in relation to racial profiling by police.
Legal clinics have launched human rights challenges regarding the disability benefit rate two clients are receiving. The challenges relate to the monthly amount received by two disabled men who get both their meals and room from their landlord through the Ontario Disability Support Program.
In a recent class action filed against the Winnipeg Royal Ballet, former students are asserting claims based upon breach of privacy in relation to intimate photos taken by an instructor and then posted online.
The newest player in the Ontario litigation funding market has just presented its unique funding arrangement for approval in a class action for the first time.
In the case of Houle v. St Jude Medical Inc, which addresses the marketing of deficient defibrillators, the third-party funder, Bentham Canada, has put its arrangement on the Ontario Superior Court’s table.
As the risk of unsuccessful certification applications diminishes, Ontario courts are coming down hard on the practice of overpleading, saying it is unnecessary and wasteful, and leveraging cost consequences to emphasize the point.