When should – or must – a class action be dismissed for delay? In Tataryn v. Diamond & Diamond Lawyers LLP and Barbiero v. Pollack, the Court of Appeal for Ontario applied new legislation and jurisprudence to take a stricter approach. Adam Goldenberg speaks with McCarthy Tétrault partner Marina Sampson about the implications for civil litigation and for businesses that may face proposed class proceedings.

In Chemtrade v. Superior Plus, Alberta’s Court of Appeal considered the extent to which courts can use evidence of a contract’s surrounding circumstances and parties’ “common understanding” to interpret the written terms of a contract. Adam Goldenberg speaks with McCarthy Tétrault partner Laura Gill and associate Emily Ward about the implications for businesses negotiating commercial agreements.

When is litigation available to fight back against false and damaging online reviews? Adam speaks with McCarthy Tétrault partner Dorothy Charach and associate Lauren Weaver about the Court of Appeal for Ontario’s decision in Benchwood Builders, the use of anti-SLAPP legislation, and the implications for defamation law more generally.

Could dishonesty during contractual negotiations or after a contract’s termination constitute a breach of the duty of honest performance? Adam speaks with McCarthy Tétrault partner Brandon Kain, author of Good Faith in Canadian Contract Law, about two recent appellate decisions that consider the duty’s temporal and legal limits.

By a narrow majority, the Supreme Court of Canada has struck down Ontario's limits on electoral advertising spending by business associations, labour unions, and other "third parties". On this episode, Adam speaks with McCarthy Tétrault litigator Connor Bildfell about the implications of the Working Families decision for Canadian businesses and the constitutionally protected right to vote.

Can a thumbs-up emoji create a binding contract? According to the Court of Appeal for Saskatchewan, it can, but context matters. On this episode of Appealing Briefs, Adam speaks with McCarthy Tétrault litigator Jocelyn Turnbull-Wallace about Achter Land and Cattle v. South West Terminal Ltd. and the factors that businesses and individuals should bear in mind when using informal methods of communication to discuss business transactions.

Can internet users in Canada reasonably expect their IP addresses to remain private? Yes, says the Supreme Court of Canada, and law enforcement therefore requires a warrant to obtain IP addresses from third-party organizations. On this episode,  Adam Goldenberg speaks with litigator Natalie Kolos about the Supreme Court of Canada’s decision in R. v. Bykovets and its implications for businesses that collect Canadians' personal information.

When will a court decline to enforce an arbitration clauses in a standard form “click” contract? On this episode of Appealing Briefs, host Adam Goldenberg speaks with McCarthy Tétrault litigation partner Andrew Kalamut and litigation associate Meaza Damte about the Court of Appeal for Ontario’s decision in Lochan v. Binance and its implications for companies and consumers.

Are damages presumed once a court finds a breach of the duty of honest contractual performance? On this episode, Adam speaks with McCarthy Tétrault litigation partner Kosta Kalogiros about the Court of Appeal for Ontario's decision in Bhatnagar and its implications for parties to corporate transactions.

How can a party to an arbitration agreement lose the right to enforce that agreement in court? Adam Goldenberg speaks to McCarthy Tétrault litigation associate Omair Jafrani about the Court of Appeal for Ontario’s judgment in RH20 North America Inc. v. Bergmann, and about the perils of defending an action in court in the face of an agreement to arbitrate.