Business
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August 01, 2025
Putting a contract out on contracts
I do not like entering into contracts. If I ever have to sign an agreement, the prospect checks most of the boxes for a diagnosis of PTSD. Mention the words “offer and acceptance” and I quiver. I would say I have had these sentiments since I was about 10 years old. Why, you ask?
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August 01, 2025
Canada faces 35% U.S. tariffs as trade tensions escalate, putting focus on CUSMA compliance
Canadian political and business leaders are charting divergent strategies to navigate the new reality of 35 per cent U.S. tariffs on goods not compliant with the Canada-United States-Mexico Agreement (CUSMA), with responses ranging from calls for economic sovereignty to urgent pleas for small business relief.
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August 01, 2025
Court: NOVA must operate joint ethylene plant with Dow, despite removal of exclusivity clause
An Alberta court has ordered NOVA Chemicals to continue supplying ethane to, and operating, an ethylene plant it co-owns with Dow Chemical, even though contract provisions barring Dow from independently sourcing ethane in the region have been found to be illegal under competition law.
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August 01, 2025
Rectification not a safety net: A post-Pyxis reminder on drafting discipline, due diligence
“Wait — we’ll just fix it with a rectification order, right?” That line, often said too casually in the back-and-forth between corporate clients, tax advisers and counsel, was exactly what made me revisit the Pyxis Real Estate Equities Inc. v. Canada (Attorney General), 2025 ONCA 65 decision.
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July 31, 2025
SCC rules Ontario court lacks jurisdiction over Ont. man’s tort claims against Italian defendants
In an important private international law judgment on the jurisdiction of Canadian courts over tort claims involving foreign defendants, the Supreme Court of Canada has ruled 5-4 that an Ontario court does not have jurisdiction to determine tort claims launched against three Italian companies by an Ontario resident injured on a holiday in Venice. On July 31, 2025, Justice Suzanne Côté, writing for the top court’s majority, dismissed the appeal of injured plaintiff Duncan Sinclair and his spouse, Michelle Sinclair, from a 2023 Ontario Court of Appeal decision that stayed the plaintiffs’ Ontario Superior Court damages claims, for lack of jurisdiction: Sinclair v. Venezia Turismo, 2025 SCC 27.
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July 31, 2025
Small and medium banks failed to meet federal complaint handling standards, FCAC review finds
Canada’s consumer banking watchdog has found significant compliance failures among small and medium-sized banks in meeting federally mandated complaint handling requirements introduced under its Financial Consumer Protection Framework.
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July 31, 2025
Court denies production of children’s aid society files ahead of class action certification
The Ontario Superior Court of Justice has denied a request for document production of files from children’s aid societies in a putative class action alleging that the defendants breached the standard of care owed to children in their care.
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July 31, 2025
Court enforces contracts despite claims of non-reading, awards $405K in sale-proceeds dispute
The Ontario Superior Court of Justice has reinforced the importance of contract enforceability and limitation periods in a dispute involving the $20.75-million, 2012 sale of a Toronto commercial cleaning and food services company, awarding $405,199 to the plaintiff while rejecting claims that shareholder agreements were invalid due to a lack of understanding.
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July 31, 2025
Toronto renoviction bylaw ‘very close to being unconstitutional,’ lawyer says
Landlords in Toronto now require a licence before starting repairs or renovations that require a tenant to move out, but a lawyer is saying it may not be constitutionally compliant due to it conflicting with provincial legislation.
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July 31, 2025
Yukon, Northwest Territories and Nunavut sign MOU to create territorial trade zone
The governments of Yukon, Northwest Territories and Nunavut have signed a memorandum of understanding (MOU) on “improving trade across the North.”