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McMillan LLP
With a view to increased procedural efficiency and greater access to justice, a major reform in the area of civil procedure has been implemented over the last two decades by the Quebec legislature.
Field LLP
The Ontario Court of Appeal ducked the issue of whether or not an insurer's employee can be sued in his/her personal capacity for bad faith.
Field LLP
August 2020 - 3 min read The Ontario Court of Appeal reiterated its disapproval of distributive cost orders but upheld a trial judge's decision to disallow the successful plaintiff the...
Field LLP
Sports liability waivers must be clear and contain all relevant information and reasonable notice of the waiver must be brought to the customer's attention before or at the time of entering into...
Field LLP
A plaintiff's incapacity does not, as a matter of law, relieve him/her of the obligation to mitigate their damages; the issue of mitigation must still be put to the trier of fact.
Stikeman Elliott LLP
Dans un développement très attendu touchant la pratique des recours collectifs, la Cour suprême du Canada a, dans l'affaire Société des loteries de l'Atlantique c. Babstock ...
Field LLP
The British Columbia Court of Appeal held that while a car dealership which failed to secure a vehicle on its lot may be liable ...
McCarthy Tétrault LLP
In Schuppener v Pioneer Steel Manufacturers Limited ("Schuppener"), the British Columbia Court of Appeal (the "Court") addressed the threshold for public policy concerns worthy of warranting...
Norton Rose Fulbright Canada LLP
Le privilège relatif au litige : une nouvelle exception au Québec visant les rapports obtenus à la suite de l'examen médical d'un travailleur.
McLennan Ross LLP
Last week, the Supreme Court of Canada issued its decision in Atlantic Lottery Corp. Inc. v Babstock, 2020 SCC 19 ("Atlantic Lottery").
Siskinds LLP
Consider this scenario: An employee steals co-workers' personal information and uses it in an attempt to blackmail his employer, threatening to release it publicly unless a ransom is paid.
Cox & Palmer
On July 24, 2020, the Supreme Court of Canada released its decision in Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19.
Miller Thomson LLP
During the COVID-19 lockdowns, roadway traffic notably decreased. As early as March 2020, the need to drive to local destinations was reduced as organizations paused their operations...
Norton Rose Fulbright Canada LLP
A recent Supreme Court of Canada decision definitively settles longstanding uncertainty about whether the doctrine of waiver of tort operates as an independent cause of action.
Dickinson Wright PLLC
On June 26, 2020, the Supreme Court of Canada ("SCC") released its decision in Uber Technologies Inc. v. Heller. The SCC held that the arbitration agreement between Uber and one of its drivers...
Stikeman Elliott LLP
La Cour d'appel fédérale vient de statuer, dans Banque Toronto-Dominion c. Canada,[1] que le créancier garanti qui reçoit le produit de la vente d'un bien assujetti à une fiducie réputée en vertu...
Blaney McMurtry LLP
Please find below our summaries of the civil decisions of the Court of Appeal released during the week of July 27 to 31, 2020.
CLC (Canadian Litigation Counsel)
In a recent case from the Alberta Court of Queen's Bench, the Court considered an application for advance payments under section 5.6(3) of the Fair Practices Regulation ...
Fasken
On July 27, 2020, the BC Court of Appeal released its judgment in Gamlaxyeltxw v. British Columbia, 2020 BCCA 215.
Fasken
Recent amendments to Ontario's class action legislation may change that trend.
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