Published by the Litigation Group
McCarthy Tétrault FRANÇAIS VOL.4,
Litigation Co-Counsel

Letter from the Editor
by: Shaun E. Finn, Geoff R. Hall, Martin B. Halpern, Miranda Lam, Kara L. Smyth

Welcome to Volume 4, Issue 1 of McCarthy Tétrault Co-Counsel: Litigation. This is an exciting issue as it contains such variety and scope.

One of the primary objectives of this publication is to allow our readers to see the world of litigation through the eyes of McCarthy Tétrault’s litigation team.

We ask the hard questions. Then, we put them in a "need to know" context.

In class actions, we examine whether a class action can be used as a solely punitive instrument: check out No crime, lots of punishment.

We explore how consumer and non-consumer contracts that contain an arbitration clause can be made subject to class proceedings. Griffin v. Dell Canada Inc. provides a framework for this interplay.

And, we learn the lesson of certification requirements in light of Singer v. Schering-Plough Canada Inc.

We turn our eyes to the United States as we probe the civil fraud charges commenced by the SEC against Goldman Sachs & Co., a development that raises issues about materiality with potentially significant ramifications in Canada.

And, we ask about, and then place in context, the divergent ways that limitation periods in different provinces apply to various forms of demand obligations in view of the recent ruling of the Ontario Court of Appeal in Bank of Nova Scotia v. Williamson.

Much ink has been spilled over the decision of the Supreme Court of Canada in Tercon Contractors Ltd. v. British Columbia (Transportation and Highways). But, in terms of contractual exclusion clauses, have the reports of the death of the doctrine of fundamental breach been greatly exaggerated?

We also follow new criminal cartel and civil competition agreement provisions under the Competition Act.

And, we boldly go into the electronic era’s impact of electronic evidence on litigation preparation and practice. This is an extended piece for this issue that provides some practical analysis of the challenges ahead.

Arbitration in an international commercial context presents a unique set of issues that do not often get the attention deserved. In Yugraneft Corp. v. Rexx Management Corp., we see how the highest court in the land resolves a matter and its effect on developing jurisprudence.

Finally, we raise the ultimate existential question in The Honourable James M. Farley’s latest reflection: To Be or Not to Be … a Truly Qualified Expert Witness.

Raising important questions, finding important answers — just how we practise law everyday.