Dispute Resolution

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Class Actions: Gambling on a Novel Cause of Action May Not Be a Winner[11]

July 29, 2020 – In Atlantic Lottery Corp. Inc. v Babstock, 2020 SCC 19 (Babstock), the Supreme Court of Canada (SCC) clarifies the contentious doctrine of “waiver of tort” and provides helpful guidance on the way courts should assess novel claims at the stage of certification of a proposed class proceeding or on…

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Québec Superior Court Renders First Decision on the Impact of COVID-19 on Commercial Leasing[12]

July 22, 2020 – The Québec Superior Court recently handed down a decision stating that the mandatory closure of businesses ordered by the Québec government on March 24, 2020, due to the COVID-19 pandemic constitutes force majeure. The Court also interpreted a clause of the lease providing that the tenant must pay…

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Québec Court of Appeal Settles Controversy Regarding Applicability of CCQ Requirements to Appointment of a Receiver [13]

July 21, 2020 – In a unanimous decision, the Québec Court of Appeal (QCA) put an end to a controversy in the case law regarding the implementation of the receiver regime under the Bankruptcy and Insolvency Act (BIA) in Québec. The QCA confirmed that a secured creditor can have a receiver appointed under the BIA…

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Canada’s Top Court Invalidates Uber’s Arbitration Clauses and Clarifies the Doctrine of Unconscionability[14]

July 03, 2020 – The Supreme Court of Canada has released its highly anticipated decision in Uber Technologies Inc. v David Heller (Uber), ruling that a proposed class action on behalf of Uber drivers can proceed despite an arbitration clause contained in the standard form agreement between drivers and Uber. The…

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Can the State Be Held Liable for Neighbourhood Disturbances?[15]

June 17, 2020 – In Maltais c Procureure générale du Québec, 2020 QCCA 715, the Québec Court of Appeal rendered an important decision regarding Crown liability. Its decision clarifies whether the regime of no-fault liability for neighbourhood disturbances applies to the government. It also contains important…

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