Dispute Resolution

Announcement

Nick Rodrigo Named Fellow of American College of Trial Lawyers[32]

Mar. 09, 2020 – Davies partner Nick Rodrigo has been elected as a fellow of the American College of Trial Lawyers (ACTL), an elite organization of trial lawyers from the United States and Canada who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical…

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Supreme Court of Canada Rules in Nevsun Resources Ltd. v Araya[33]

Feb. 28, 2020 – The Supreme Court of Canada has rendered its decision in Nevsun Resources Ltd. v Araya, stating that customary international law (CIL) norms are directly incorporated into Canadian law and that claims such as the ones advanced in this case may be considered by Canadian courts. The case involves a…

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Search and Seizure: Authorities Can’t Keep What They Seize Indefinitely[34]

Feb. 04, 2020 – In a recent decision,1 the Superior Court of Québec held that an authority cannot keep copies of electronic documents seized during a search and seizure after officially notifying the person that it will not bring penal or administrative proceedings against the person. In this decision, the Court…

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Canada’s Top Court Releases Precedent-Setting Decision on Litigation Funding and a Court’s Discretion in Restructuring Process[35]

Jan. 28, 2020 – The Supreme Court of Canada’s decision in 9354-9186 Québec Inc. v Callidus Capital Corporation unanimously overturned a unanimous decision of the Québec Court of Appeal. The Supreme Court’s decision, released on January 23, 2020, was issued from the bench with reasons to follow. The reasons will…

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Investigation and Disclosure: The Court Stresses the Importance of Protecting Whistleblowers [36]

Jan. 22, 2020 – In a decision handed down on December 9, 2019,1 the Superior Court of Québec stressed the importance of keeping the identity of whistleblowers and their statements confidential in the context of investigations into wrongdoing within a public body. Confidentiality can be lifted only when there are…

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