Lloyd's Brief: Canadian Legal Perspectives

A collage of construction, railway, canadian flag, wheat and oil rig

October 7, 2021

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UK Supreme Court decision creates heightened risk for Canadian parent companies with overseas subsidiaries

Ana Simões, Abigail McGivney

A recent United Kingdom Supreme Court decision has lowered the bar for the argument that a UK company may be responsible for the tortious actions of its overseas subsidiary. The decision in Okpabi and others v Royal Dutch Shell Plc...


The enforceability of class action waivers: Are they fair game or unconscionable and contrary to public policy?

George A.G. Anderson

Introduction As class actions become more prevalent, many businesses are actively taking steps to avoid such potential claims.  One such step may include the use of a “class action waiver” in a standard form contract.  Businesses who take these steps...


Loss of use as “physical damage”? Case summary of the Ontario Court of Appeal decision in MDS Inc. v. Factory Mutual Insurance Company

Karen L. Weslowski, Andrew Hefford

Introduction The Ontario Court of Appeal recently issued its decision in the much-discussed case of MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594[1]. The lower court decision from the Superior Court of Justice was of considerable interest to...


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