Ontario Court of Appeal upholds decision declining to enforce cryptocurrency exchange arbitration agreement as contrary to public policy
Introduction In a recent decision in Lochan v Binance Holdings Limited, the Court of Appeal for Ontario upheld a Superior Court decision declining to stay a proposed class action in favour of arbitration, finding that the arbitration agreement effectively bars claims by imposing prohibitive costs on claimants. The Court further held that these clauses may also be void for being contrary to public policy and unconscionable. Background The defendant, Binance, is the world’s largest cryptocurrency exchange. It sold cryptocurrency derivatives to Canadians from 2019 through 2022 but failed to file a prospectus or register with the Ontario Securities Commission. In ... [more]
The Supreme Court of Canada Provides Guidance on Interpreting Exclusion Clauses
- Ontario Court of Appeal Confirms that Refusal to Comply with Vaccination Policy Amounts to Frustration of Contract
- Ontario’s Top Court upholds decision significantly limiting proposed securities class action against Barrick Gold
- B.C. Court of Appeal confirms that secretly recording conversations with Co-workers can be just cause for dismissal
- Superior Court Finds Arbitration Agreement for Crypto Trading Platform Unenforceable
Developments
AGM remembers The Honourable Roy McMurtry, K.C., 1932 – 2024
The lawyers and staff of Affleck Greene McMurtry LLP send our condolences to the family ... [more]
It has a name! New Self-Regulatory Organization (finally) announces its new name
On January 1, 2023, the amalgamation of investment industry self-regulatory organizations, the Investment Industry Regulatory ... [more]
MFDA and IIROC Members vote to amalgamate and form “New SRO”
In a vote held on September 29, 2022, members of the Mutual Fund Dealers Association ... [more]
Supreme Court of Canada clarifies courts have an obligation to follow decisions of courts at the same level in most cases
The Supreme Court of Canada released a decision today (R. v. Sullivan 2022 SCC 19) ... [more]
More Developments
Contributors
- Administrative Law (RSS) (23)
- Constitutional Law (RSS) (13)
- Municipal Law (RSS) (6)
- Political & Elections Law (RSS) (5)
- Announcements (RSS) (86)
- Canadian Law (RSS) (7)
- Canadian Law Whitepapers (RSS) (3)
- Case Summaries (RSS) (4)
- Commercial Litigation (RSS) (291)
- Anti-SLAPP (RSS) (3)
- Appeals and Judicial Review (RSS) (29)
- Arbitration (RSS) (20)
- Attacks on Business Interests (RSS) (5)
- Attacks on Reputation (RSS) (4)
- Banking Litigation (RSS) (10)
- Broker/Dealer litigation (RSS) (9)
- Civil Litigation (RSS) (13)
- Class Actions (RSS) (54)
- Conflicts of Law and Enforcement of Foreign Judgments (RSS) (16)
- Construction (including Performance and L&M Bond Defense) (RSS) (4)
- Corporate Litigation (RSS) (10)
- Debtor-Creditor and Banking Litigation (RSS) (10)
- Defamation (RSS) (9)
- Disputes over Contracts (RSS) (36)
- Disputes within Companies and Partnerships (RSS) (16)
- Employment Litigation (RSS) (31)
- Enforcement of Foreign Judgments (RSS) (7)
- Franchises (RSS) (4)
- Frauds, Misrepresentation, Deceit (RSS) (20)
- Injunctions (RSS) (10)
- Insurance Defence (RSS) (5)
- Intellectual Property (RSS) (5)
- International Trade (RSS) (6)
- Investor-State Disputes (RSS) (3)
- Legal Crisis Management (RSS) (2)
- Mediation and other Alternative Dispute Resolution (RSS) (8)
- Privacy Law (RSS) (4)
- Privilege (RSS) (1)
- Products Liability (RSS) (3)
- Professional Negligence and Discipline Hearings (RSS) (11)
- Remedies for Emergency Relief (RSS) (2)
- Securities Litigation (RSS) (73)
- Securities Regulatory (RSS) (11)
- Shareholder Litigation (RSS) (12)
- Speaking Engagements (RSS) (9)
- White Collar Crime (RSS) (5)
- Wrongful Dismissal (RSS) (12)
- Competition Law (RSS) (289)
- Abuse of Dominance (RSS) (11)
- Advice and Opinions (RSS) (2)
- Advice on Business Practices (RSS) (1)
- Anti-corruption (RSS) (10)
- CASL / Anti-Spam (RSS) (6)
- Civil Anti-Competitive Conduct (RSS) (26)
- Class Actions and Other Private Actions (RSS) (46)
- Competition Bureau Investigations (RSS) (28)
- Competition Tribunal Litigation (RSS) (18)
- Compliance Programs (RSS) (1)
- Conspiracy (RSS) (43)
- Consumer Protection (RSS) (21)
- Criminal Matters (RSS) (47)
- Fines & Settlements (RSS) (14)
- Indirect purchasers (RSS) (7)
- Marketing Practices and Telemarketing (RSS) (47)
- Mergers (RSS) (67)
- Private Actions (RSS) (12)
- Private Applications (RSS) (9)
- Developments (RSS) (214)
- In The Media (RSS) (31)
- Insurance Coverage Litigation (RSS) (4)
- Lawyer-Client Privilege (RSS) (1)
- Real Estate Litigation (RSS) (1)
- Uncategorized (RSS) (3)
- Year in Review / The Litigator (Print Edition) (RSS) (26)