Commercial Litigation Communiqué

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April 6, 2023

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No more take-backs: Supreme Court of Canada restricts equitable remedies

Jacklynn Pivovar, Matteo Loconte

Introduction In 2016, the Supreme Court of Canada (“SCC”) released their decision in Canada (Attorney General) v Fairmont Hotels Inc., 2016 SCC 56 (“Fairmont”), in which they restricted the availability of rectification, an equitable remedy whereby the court corrects error(s)...


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