About ArticlesLes articles ci-dessous sont publiés par la Section du droit des affaires de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : David Chaiton, David Reynolds


Price Gouging in a Pandemic – What Canadian provinces are doing to stop it

  • 21 mai 2020
  • Denes Rothschild and Devin Persaud, Borden Ladner Gervais LLP

Traditionally, recourse under Canadian laws for excessive pricing was limited to provincial consumer protection legislation in a minority of provinces. More recently, however, concern about price gouging in the context of the COVID-19 outbreak has led to renewed interest in excessive pricing regulation and, in Canada’s most populous province, the introduction of new powers under emergency response legislation to address such conduct.

Droit des affaires, Student Forum

Commercial and Contract Law Implications of the COVID-19 Pandemic

  • 19 mai 2020
  • Wayne Gray, Practical Law Canada

Contracting parties are required to perform their agreed obligations. But what happens when an event takes place beyond the control of one of the contracting parties, such as the current COVID-19 pandemic, that renders a party unable to perform under the contract? This article provides an overview of contractual provisions and common law excuses that may excuse non-performance of a contract in such a situation.

Droit des affaires, Student Forum

Up in the Air: Federal Government Approves First Air and Canadian North Merger Despite Report From the Competition Bureau

  • 18 février 2020
  • Subrata Bhattacharjee & Devin Persaud, Borden Ladner Gervais LLP

In July 2019, two northern Canadian airlines, First Air and Canadian North, announced that their respective owners had closed the merger of their two operations. The regulatory clearance of the deal under the review provisions of the Canada Transportation Act, despite a negative competitive effects report from the Commissioner of Competition, makes for an interesting case study into how the government weighs public interest issues against competition concerns in certain instances.

Droit des affaires, Student Forum

Corporations Beware: Where Is Your Updated Land “Ownership” Register?

  • 17 février 2019
  • H.J. Blake, Q.C.

The Ontario Business Corporations Act requires corporations to maintain an updated register of the corporation’s ownership interest in land in Ontario at its registered office. This article discusses the information that must be identified in the register and possible penalties of non-compliance with this requirement.

Droit des affaires, Student Forum

Bitcoin and Bankruptcy: Implications for Canadian Insolvency Law

  • 17 décembre 2018
  • Adam Driedger

Cryptocurrencies have gained considerable momentum in Canada and may ultimately mature into a mainstream asset class.3 Accordingly, policymakers ought to consider the implications of Bitcoin and other cryptocurrencies on the Canadian insolvency regime. There is no Canadian jurisprudence or guiding principles dealing directly with cryptocurrencies. However, this paper examines recent American case law, and highlights some of the key issues relevant to insolvency law in Canada.

Droit des affaires, Student Forum

What’s Old is New Again – Interest Rate Decision in Ontario

  • 18 octobre 2018
  • Jonathan Fleisher and Amanda Scolieri

A case summary exploring the Ontario Court of Appeal's position on Section 4 of the Interest Act, specifically pertaining to interest payable by borrowers, in its recently released decision Solar Power Network Inc. v. ClearFlow Energy.

Droit des affaires, Student Forum