WestlawNext Canada insight Blog

Digest of the Week Archives : 2016

Digest of the Week – Derivative Action and Best Interests of Company

This digest highlights a recent British Columbia Court of Appeal decision where the Court dismissed an appeal from an application allowing a director to bring a derivative action, finding that whether the derivative action was in the best interests of the company was a matter properly determined at trial.

READ MORE »

Employee who did not know his position had been reclassified removing his entitlement to overtime pay, but who had been paid overtime for overtime worked, could keep the amounts paid.

READ MORE »

Digest of the Week | Financial Disclosure

Recent Ontario Superior Court of Justice case in which the husband’s pleadings were struck for failure to provide full financial disclosure.

READ MORE »

Digest of the Week - Promised Utility

This digest highlights a recent Federal Court decision where the Court dismissed an application to prohibit issuance of a Notice of Compliance because the applicant failed to establish that promised utility of untested compounds would have been soundly predicted by a person of skill.

READ MORE »

Digest of the Week | Default Proceedings

Based on findings that defendant had knowledge of the action against them, motion judge properly dismissed application to set aside default judgment.

READ MORE »

The context of employment is relevant to the determination of whether an employer had just cause to dismiss the employee

READ MORE »

Recent Ontario Court of Appeal case in the wife was not entitled to share in the husband’s post-separation income increases.

READ MORE »

Digest of the Week - Cause or Good Faith Required for Expulsion

This digest highlights a recent Ontario Superior Court of Justice decision where damages were awarded to a partner who was expelled from the partnership in the absence of cause or good faith.

READ MORE »

SCC rules Federal Employers need just cause to terminate non-union employees

READ MORE »

Recent Ontario Superior Court of Justice case in which shares were not included in the division of net family property.

READ MORE »

Digest of the Week - Creation of an Agency Relationship

This digest highlights a recent Ontario Superior Court of Justice decision where the Court concluded that no agency or fiduciary relationship existed between the parties to a contract for service.

READ MORE »

Digest of the Week | Amendment of Pleadings

Parties had endorsed case management deadlines, and amendments to pleadings would have had negative effect on those timelines.

READ MORE »