The Supreme Court's unanimous decision in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, an appeal of a commercial arbitration decision involving contract interpretation, is notable both for changing the law on contractual interpretation and for clarifying the  appropriate standard of review to apply in appeals of commercial arbitration awards. The court abandoned the historical approach to interpretation of contracts as a pure question of law, concluding at para. 50 that "(c)ontractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix." The court went on to find that appellate intervention on contractual interpretation should be limited to those rare instances where the results can be expected to have an impact beyond the parties arguing the case. Finally, the court found at para. 106 that "(i)n the context of commercial arbitration, where appeals are restricted to questions of law, the standard of review will be reasonableness unless the question is one that would attract the correctness standard, such as constitutional questions or questions of law of central importance to the legal system as a whole and outside the adjudicator's expertise."  For comments on the decision see:

• The Relevance of Sattva for Appeals From Arbitration Awards - ABlawg

• A blockbuster decision in contractual interpretation - Canadian Appeals Monitor

• Supreme Court of Canada Shuts Down British Columbia's Cottage Industry of Arbitral Appeals - McCarthy TÈtrault
   
• Supreme Court of Canada Limits the Right to Appeal Commercial Arbitral Decisions on Issues of Contractual Interpretation - Osler

The court dismissed the plaintiff's action to compel the government to refund the supplementary licence fees charged to liquor licensees under what they argued was an invalid regulation in Grapes Leon's Centre Limited Partnership v. Manitoba et al., 2014 MBQB 167. The court found at para. 62 that "the pith and substance of the supplementary licence fee was to establish a regulatory charge used, in part, to defray the costs of a valid regulatory scheme over the sale and distribution of alcoholic beverages in the Province of Manitoba. The SLF and other licence fees were used to offset the costs of licensing, inspection and enforcement required pursuant to the Act. Accordingly, the Regulation was a valid regulation passed pursuant to the Act" and the fee, although at times a similar percentage to the retail sales tax, was not a tax, as argued by the plaintiff.

In Hafichuk-Walkin et al. v. BCE Inc. et al., 2014 MBQB 175, the court stayed a dormant, ten year old statement of claim seeking certification of a national class action in Manitoba concerning cell phone system access fees alleged to have been charged improperly to cellular phone users across Canada. The claim was one of nine "carbon copy" actions filed by the Merchant Law Group across Canada and pursued primarily in Saskatchewan, which offered procedural advantages to class action litigants. The court rejected MLG's claim that Manitoba claimants would not be well served by the Saskatchewan action because they would have to opt in to that claim, and concluded that the continued existence of the action served no proper purpose.

After finding that there had been a complete breakdown in the relationship between two groups of shareholders in a family owned business the court ordered one group to buy the shares of the other at fair market value in Rady et al. v. Silpit Industries Co. Ltd., 2014 MBQB 145. Although the action was not premised on a claim of oppression or unfairly prejudicial treatment, this was not determinative of the issue of whether it was just and equitable for the court to exercise its broad discretion pursuant to s. 207 of The Corporations Act, according to the court at para. 45. 

In addition, when it comes into force, Division 25 (ss. 317 to 368) will make significant changes to Canada's trademarks law. Those changes will be implemented once the government has revised the corresponding Trade-marks Regulations, SOR /96-195. These articles discuss how the new legislation will affect trademarks practice:       

• Canada's New Trademarks Act: What It Means For You - Cassels Brock
   
• Major Changes On The Way To Trade-Marks Legislation - Pitblawg

• Introducing the Labour Market Impact Assessment - Aikins

• Don't risk dissolution: New law for federal non-profit corporations (Pitblawg) and The Clock Is Ticking On Continuance - What Will Happen On October 17, 2014 If Your Organization Hasn't Continued Under The CNCA? (BLG) - these blog posts warn not-for-profit corporations under the CCA that they face possible dissolution if they don't continue under the Canada Not-for-profit Corporations Act before October 17, 2014.

• CRA releases Guidance on ineligible individual rules - this Miller Thomson article summarizes the CRA's recently issued guidance on the Income Tax Act rules pertaining to ineligible individuals on charitable boards or in senior management.

• Rule Changes for Intra-Company Employee Transfers - this Aikins Immigration Law Update discusses new rules imposing more stringent requirements on businesses transferring "specialized knowledge" employees to Canada from abroad.

• Doing Business in Western Canada - this Lawson Lundell booklet outlines the relevant laws and regulations companies should consider when doing business in Western Canada.

Intellectual Property: Protection and Enforcement - John Myers will review the most common intellectual property issues lawyers encounter and discuss effective strategies for dealing with them at this lunch hour program on October 7. 2014. Register to attend in person at the Law Society or by tele-presentation.

Canadian Competitive Bidding Law - for Lawyers! - Presenter Robert Worthington will help you to understand the mysterious and evolving competitive bidding process and bring you up-to-date on new developments in this area. The program takes place on October 30,2014, from 8:30am to 4:30pm at the Law Society Classroom. Register by September 25, 2014 to take advantage of the early bird pricing for this limited enrollment program.

Everyday Ethics Series - Register for multiple sessions in this 6 month series of lectures on ethics issues featuring Allan Fineblit, Q.C. and save money as you learn what you need to know to practise responsibly.

Making Great and Lasting First Impressions - this September 23, 2014 webinar will help you to improve the impressions you make on the people you meet professionally.

Limited Scope Retainers: Tips and Traps (Webinar) - Law Society staff will tell you what you need to know to ensure you are acting safely and ethically when using limited scope retainers in your practice in this lunch hour webinar on September 30, 2014.  Discounts apply for group registrations.

Perfecting the Twenty-First Century Law Practice - join practice management guru Jim Calloway as he provides guidance on such topical issues as the future of law practice, techno-ethics, and alternatives to the billable hour. The all-day program on October 3, 2014 will conclude with the popular 60 hot tips in 60 minutes, a fast-paced review of tips and ideas you will put to immediate use in the office.

The Approximately 11th Annual Accommodation in the Workplace - don't miss the 11th installment of this popular program co-presented by the MBA and the LSM on October 24, 2014. Presenters will review such recent developments in accommodation law as accommodating family status and choosing the right forum for complaints.

New Legislation: The Municipal By-Law Enforcement Act - courts will no longer enforce municipal by-law infractions once this new legislation is proclaimed and municipalities need to prepare now for this major change. Learn what you need to know to help your municipal clients set up new systems at this November 7, 2014 lunch program.