Blakes Weekly Digest - April 12, 2024

Commercial Litigation

Five Need-to-Know Decisions in Commercial Litigation

Recent decisions from Canadian courts will impact businesses in various industries. Below are five takeaways from commercial cases across the country to help your business stay ahead of litigation risk.

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Commercial Real Estate

Five Tips for Executing Sale-Leaseback Transactions With Ease

Over the past five years, sale-leaseback transactions have been on the rise, based on dollar value, deal volume and other metrics. Parties to these types of transactions have a number of considerations to be mindful of when negotiating the relevant documents that are unique to sale-leaseback deals.

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Litigation & Dispute Resolution

Ontario Court of Appeal Affirms Need to Establish Actual Harm in Negligence Claims

Jessica Lam and Imad Alame

On March 27, 2024, the Ontario Court of Appeal affirmed in Palmer v. Teva Canada Ltd. that Canadian law does not provide remedies for an increased risk of harm. This ruling is in line with other recent landmark product liability decisions and makes clear that actual harm, not just risk thereof, is required for recovery in tort.

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Public Sector Crisis & Compliance

Canada’s New Elections Bill to Limit Third-Party Financing Advertising and Disinformation

Iris Fischer, Alexis Levine, Elder Marques, Laura Dougan, Alan Fraser, Jenna Green and Liliane Langevin

On March 20, 2024, the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs tabled Bill C-65: An Act to amend the Canada Elections Act in the House of Commons. The bill’s proposed amendments aim to facilitate voting, protect personal information and prevent foreign interference in federal elections. These measures would have significant implications for third-party financing, contributions, partisan and election advertising, and the processing of personal information by political parties.

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