Mondaq Canada: Litigation, Mediation & Arbitration
Stikeman Elliott LLP
Over the past few years, third-party litigation funding – including funding by major international litigation funders – has become increasingly common in class actions litigation in Canada.
Babin Bessner Spry LLP
Under what circumstances can a motion judge decide a contested factual issue using the expanded fact-finding powers under rule 20.04(2.1) of the Rules of Civil Procedure (the "Rules") ...
Miller Thomson LLP
The plaintiff was injured in a car accident in 2010. The trial in 2017 led to a jury verdict of $125,000 in general damages and $600,000 in future loss of income.
Cassels Brock
The Ontario Superior Court of Justice recently refused to grant leave to commence a statutory secondary market misrepresentation claim in a proposed class action pursuant to Part XXIII.
Affleck Greene McMurtry LLP
The Court of Appeal recently upheld the stay of a proposed shareholder class action for lack of jurisdiction.
Bentham IMF Capital Limited
Raising litigation funding as part of a broader conversation about the inherent risks of litigation can help lawyers discharge both aspects of this duty owed to their clients.
Blaney McMurtry LLP
There was only one case released by the Ontario Court of Appeal this week, Zando v Ali. At issue was the assessment of damages in a case of sexual assault by a physician.
Strigberger Brown Armstrong LLP
In Kapoor v. Kuzmanski, on the eve of a trial, the Plaintiff brought a novel motion to exclude potential jurors who drive and pay for automobile insurance ...
Langlois lawyers, LLP
In the most recent development in the judicial saga surrounding the decision of the Supreme Court of Canada in Google Inc. v. Equustek Solutions Inc., ...
Borden Ladner Gervais LLP
In Boal v. International Capital Management Inc., the representative plaintiff had brought a proposed class action on behalf of 170 investors holding unsecured promissory notes.
Norton Rose Fulbright Canada LLP
The AMF has decided not to appeal the judgment, which is now final.
Goodmans LLP
A recent Ontario Court of Appeal decision recognized and enforced a final and binding international arbitration award even though the arbitral tribunal made post-award statements that the award had been stayed.
WeirFoulds LLP
In Gillham v. Lake of Bays (Township), 2018 ONCA 667, a case about the discoverability of claims for damages arising out of construction deficiencies, the Court of Appeal confirmed that all factors...
Blake, Cassels & Graydon LLP
In its decision in Yip v. HSBC Holdings PLC, the Ontario Court of Appeal clarified the proper interpretation of "responsible issuer" in the context of a statutory claim for secondary market misrepresentation ...
Gluckstein Personal Injury Lawyers
Can couples endure the challenges a brain injury may impose on their marriage? A new article examines the effects of brain injuries on marriages, and what measures could be used to improve communication between spouses.
Miller Thomson LLP
Rule 56.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 provides that the Court, on motion by a defendant in a proceeding, may make an order for security for costs where it appears...
Torys LLP
Counsel Molly Reynolds has contributed to the Canada chapter in Globe Law and Business's International E-Discovery book, published in August.
Borden Ladner Gervais LLP
By his June 27, 2018 decision in Doucet v. The Royal Winnipeg Ballet, Justice Perell of the Ontario Superior Court of Justice granted certification to a proposed class action ...
Lawson Lundell LLP
The June 20, 2018 Court of Queen's Bench of Alberta decision in Dow Chemical Canada ULC v. NOVA Chemicals Corporation (2018 ABQB 482) caused headlines as a result of the more than $1.3 billion damages award.
Norton Rose Fulbright Canada LLP
Justice Perell's decision in Fantl v. ivari, teaches class action defendants an important lesson in being careful what they wish for.
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Blaney McMurtry LLP
In Atos IT Solutions v Sapient Canada Inc., the Court confirmed that the "minimum performance principle" places a common law limit on expectation damages for breach of contract.
Miller Thomson LLP
On June 15, 2018, the Supreme Court of Canada released its much-anticipated decisions in Trinity
Field LLP
Alberta Courts have been busy on the topic of costs in estate litigation in the past few months
BC Human Rights Clinic
Many BC parents will be familiar with the difficulties of accessing quality, affordable childcare in this province.
Willms & Shier Environmental Lawyers LLP
On June 8, 2018, the Ontario Court of Appeal released its latest decision dealing with liability for contaminated lands: Huang v. Fraser Hillary's Limited.
Blaney McMurtry LLP
The following are our summaries of this week's civil decisions of the Ontario Court of Appeal.
Miller Thomson LLP
The Ontario Superior Court of Justice, Divisional Court, has dismissed an application for judicial review of a municipal bylaw which exempted "vehicles supporting agricultural business" ...
Smart & Biggar/Fetherstonhaugh
Further to our update in December 2017, here, below is a mid-year update on biosimilar approvals, litigation and other news.
Torys LLP
Partner Sylvie Rodrigue and senior associate Marie-Ève Gingras have written a piece called "The Overcompensation Scheme in Québec Consumer Protection Class Actions" ...
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