Shareholder Loans: Are They Equity or Debt?
Tudor Sales Ltd. (Re), 2017 BCSC 119 is a case from British Columbia that dealt with whether shareholder loans, as a non-arm’s length transaction, are properly characterized as debt, or as equity.
Supreme Court of Canada Confirms the Law on Rectification
The Supreme Court of Canada (“SCC”) confirmed the law on the equitable remedy of rectification in Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56 (“Fairmont”).
NL Court of Appeal Restates Principles That Apply to Claims...
In this case, the Newfoundland and Labrador Court of Appeal considered the validity and enforceability of a full and final release involving two unrepresented individuals.
Casual Worker Permitted to Sue Employer for Injuries Resulting from...
Workers’ Compensation generally operates like a form of insurance in that it provides wage replacement and medical benefits to employees who are injured in the course of their employment.
Availability of Coverage Under a CGL Policy For Historical Sexual...
Are payments offered through a conciliation process designed to make moral amends covered by commercial general liability (CGL) insurance?
Illegal Drugs in the Workplace: The Test to Establish Possession
The possession and use of illegal drugs in safety-sensitive workplaces continues to be a prevalent issue in Canadian labour law.
In Nova Scotia, How Long Do You Have to Live...
These days, almost every couple lives together for a period of time before they get married, and increasingly, more and more couples never get married at all.
Established Guidelines or Just Suggestions: Lifting Default Judgment
Under the Rules of Civil Procedure in Prince Edward Island, whether a default judgment can be set aside is a discretionary decision which the court may grant on such terms as are just.
The Duty to Defend Does Not Arise Until Notice of...
When does an insurer’s duty to defend arise? More specifically, does it arise before the insurer is given notice of the claim? That is the fundamental question addressed by this case.
Tort of Unauthorized Public Disclosure of Private Facts in State...
We have recently learned that the Ontario Superior Court of Justice will be re-visiting the January 2016 decision granting default judgment in the case of Jane Doe 464533 v. ND.