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Canada: "Off-The-Clock" Overtime Class Actions Turned On As Supreme Court Of Canada Denies Leave To Appeal - Stikeman Elliott LLP

The Supreme Court of Canada has recently dismissed the applications for leave to appeal two decisions of the Court of Appeal for Ontario with costs: Fulawka v. Bank of Nova Scotia and Fresco v. Canadian Imperial Bank of Commerce.        

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Canada: Overtime Class Actions Denied Leave To Appeal - Stikeman Elliott LLP

As previously discussed here and here, in 2012 the Ontario Court of Appeal certified two class actions concerning overtime against Canadian banks: Cindy Fulawka v. Bank of Nova Scotia and Dara Fresco v. Canadian Imperial Bank of Commerce.        

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Canada: Court Of Appeal For Ontario Affirms Order Compelling Cross-Border Examination Of Alleged Price-Fixing Chocolatier In U.S. Class Proceedings - Stikeman Elliott LLP

In a decision which stands as an example of the practical approach taken by Canadian courts in balancing the rights of cross-border deponents with the principles of sovereignty and comity, the Court of Appeal for Ontario in Treat America Limited v. Leonidas ("Treat America") has confirmed an order compelling the former CEO of a Canadian company to attend at a deposition in Canada to give evidence in a U.S. class action, despite the fact that the same former CEO is the target of a parallel crimin

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Canada: CCS Appeals Competition Tribunal's Landfill Decision; Stay Granted - Stikeman Elliott LLP

The Canadian landfill company that lost a merger challenge at the Competition Tribunal in Canada’s first pure prevention of competition case has appealed to the Federal Court of Appeal.

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Canada: Federal Court Of Appeal Confirms Availability Of Contractual Waiver Of Class Actions In Favour Of Arbitration Absent Contrary Statutory Language - Stikeman Elliott LLP

On February 14, 2013, the Federal Court of Appeal in Murphy v. Amway Canada Corp. affirmed the decision of the court below, staying a proposed class proceeding in light of a contractual arbitration clause and class action waiver.        

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