Litigation Law, Mediation Law and Arbitration Law

The impugned documents should be expunged from the Appeal Book and Compendium.

The anti-SLAPP provisions of the Courts of Justice Act ("CJA") are powerful. If a motion succeeds in dismissing a plaintiff's action on the basis that the action was merely meant to gag the free expression...

When is litigation available to fight back against false and damaging online reviews?

On June 8, 2012, Genentech’s lawsuit seeking a declaration that US Patent No. 6,733,752 was invalid and not-infringed by Genentech’s trastuzumab product (HERCEPTIN).

The fundamental question that the new Ontario summary judgment rule attempts to answer is neither new, nor complex.

On May 23, 2012, the Federal Court released its public reasons in three companion decisions, all written by Madam Justice Snider, in respect of litigation brought separately by Teva Canada Limited ("Teva") and Apotex Inc. ("Apotex") against Sanofi-Aventis and related companies ("Sanofi") pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations (the "Regulations").

A year after the uncertainty created in the Canadian corporate debt financing world by the Ontario Court of Appeal's pensions-friendly decision in the Indalex CCAA restructuring matter, the Quebec Superior Court, in April 2012, determined in a lengthy and well-reasoned decision that the key restructuring and pensions law principles underpinning Indalex do not apply in Quebec when considering the treatment of defined benefit amortization payment and deficit claims in a restructuring.

The Federal Court of Appeal ("FCA") upheld the judicial review decision of the Federal Court ("FC") in "Livaditis v. Canada Revenue Agency".

On February 24, 2012, the Tax Court of Canada ("TCC") rendered its decision in Morguard Corporation v. Her Majesty the Queen (2012 TCC 55 – PDF) on the issue of the taxation of break fees received in the context of a takeover bid pursuant to a "lock-up agreement".

No Fourth of July would be complete without fireworks displays, but the fun and thrills of pyrotechnics come with a risk of injury or even death.

In this video podcast, our hosts Brenda Agnew and Jordan Assaraf are joined by lawyer, speaker, and host of The Trauma-Informed Lawyer podcast, Myrna McCallum.

The use of handguns can result in a person being seriously injured or killed. Accordingly, there has been much public debate about whether gun manufacturers should be held liable for the misuse of a handgun...