Blakes Weekly Digest - July 5, 2024
In this issue...
Ontario Court Confirms Forum Selection Clause Does Not Override Place of Arbitration
Laura Cundari, Tom Wagner and Sara Hosaini (Summer Law Student)
In Tehama Group Inc. v. Pythian Services Inc., the Ontario Superior Court of Justice addressed a contingent payment dispute stemming from a cross-border asset purchase agreement. The court's commentary offers valuable insights into dispute resolution provisions and forum selection clauses in cross-border transactions.
Quebec Court of Appeal: Voluntary Refund Program Insufficient to Prevent Class Action Authorization
In Lachaine v. Air Transat AT inc., the Quebec Court of Appeal (QCA) authorized a class action that claimed a refund from various airlines after airplane tickets and travel packages were cancelled due to COVID-19. The QCA allowed the class action to proceed despite the airlines’ stated commitment to establish voluntary refund programs for their customers. The QCA’s ruling raises the question of the effect that implementing a voluntary refund program may have on an application to authorize a class action in Quebec.
Alberta Court of Appeal Upholds Ruling on Denying Legal Counsel in Occupational Health and Safety Interviews
领英推荐
The Alberta Court of Appeal’s recent decision in Neustaedter v. Alberta (Labour Relations Board) has confirmed the broad authority of officers conducting investigations under the province’s Occupational Health and Safety Act. For companies, this case underscores the importance of cooperating with occupational health and safety (OHS) investigations, including OHS officers’ requests to interview witnesses without legal counsel present.
Quebec’s Comprehensive Health Information Privacy Law Comes Into Force
As of July 1, 2024, Quebec’s Act respecting health and social services information and amending various legislative provisions has entered into force. The act modernizes privacy obligations for health and social services providers and institutions. It also includes an updated enforcement regime similar to what is now imposed on private-sector enterprises in the province.
Canada Enacts Digital Services Tax and Other Significant Tax Measures
Despite significant political headwinds, particularly from the United States, Canada’s digital services tax (DST) was enacted pursuant to an order-in-council dated June 28, 2024. The DST, an annual 3% tax on digital services revenue attributable to Canada, will be applicable starting in 2024 and will include digital revenues from 2022 and 2023. Several other significant tax measures have also come into force after Parliament recently passed Bill C-59 and Bill C-69.