Mondaq Canada: Litigation, Mediation & Arbitration
Devry Smith Frank LLP
In a decision released this summer, the Supreme Court of Canada has clarified that a psychiatric diagnosis is not required to find damages for mental illness.
Bennett Jones LLP
In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers judge did not give him a fair chance to argue his position.
Blaney McMurtry LLP
As a Brit, educated at an all-girls' grammar school, grammar and punctuation were very important, the pinnacle of punctuation marks being the comma.
McCarthy Tétrault LLP
As previously reported, inadequate fee disclosure cases continue to attract class actions in British Columbia, with the weight of authority favouring certification.
McCarthy Tétrault LLP
The question of who should have carriage of a proposed class action is an important one. It determines which plaintiff can define the proposed class, pursue certain claims, and which law firm ..
McCague Borlack LLP
The Ontario Superior Court of Justice recently released the decision of French v Stachejczuk where Martin Smith, partner at the Ottawa office of McCague Borlack LLP, with the assistance of Desneiges Mitchell...
Borden Ladner Gervais LLP
The relationship between the Courts and private arbitration is complicated. The growing popularity of arbitration means that establishing judicial principles regarding the interplay of these two forms...
Devry Smith Frank LLP
Unless specific circumstances have been met in a criminal case, or the case in question is a Reference, appeals are heard by the Supreme Court only if leave to appeal is given.
Rogers Partners LLP
The conceptual interplay of physics and law was on display in the recent appeal case of Unifund Assurance Company v. ACE INA Insurance Company (2017 ONSC 3677).
Rogers Partners LLP
Offers to settle can take a wide range of forms and can involve a variety of terms.
Harrison Pensa LLP
Class action litigation is a unique part of the legal universe in Canada.
Blaney McMurtry LLP
Below are this week's summaries of the civil decisions of the Ontario Court of Appeal.
Torkin Manes LLP
Class action legislation developed as a result of a product liability case.
Bereskin & Parr LLP
L'été dernier, la Cour suprême du Canada a confirmé une injonction intimant à Google de délister l'ensemble des sites Web d'un distributeur au niveau mondial et non seulement au Canada.
Borden Ladner Gervais LLP
We previously wrote about the Court of Appeal for Ontario's decision in Yaiguaje v. Chevron Corporation to order the Ecuadorian plaintiffs to post nearly $1,000,000 as security for costs.
Torkin Manes LLP
One of the main purposes of commercial arbitration is to provide the parties with a final and binding resolution of their dispute.
MLT Aikins LLP
Can a plaintiff's tactical choice to not pursue a class action result in it being dismissed for want of prosecution?
Singer Kwinter
A recent Ontario court case found a municipality liable for an accident that happened at a public mountain bike park.
Rogers Partners LLP
Earlier this year, the Ontario Superior Court of Justice reconsidered social host liability issues in the context of a terrible car accident which left a young man a brain-injured quadriplegic.
Rogers Partners LLP
In July 2017, Justice Charney released a comprehensive decision following a lengthy trial in Gendron v. Thompson Fuels, 2017 ONSC 4009.
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Devry Smith Frank LLP
There is a lot of confusion when it comes to renting property in Ontario with pets. Many Ontarians believe it is illegal for tenants to discriminate against pet owners and that landlords cannot reject potential tenants for their pets.
Field LLP
The Alberta Court of Queen's Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor.
Clyde & Co
Certificates of pending litigation, cautions, constructive trusts, interim preservation of property orders, fraudulent conveyance actions, Mareva injunctions and receiverships are just some of the remedies in the litigator's tool box when responding to a commercial real estate fraud.
The Ross Firm
Back in 2015, the Protecting Condominium Owners Act became law in Ontario.
Cassels Brock
In one of the great opening lines of modern jurisprudence, the British Columbia Supreme Court recently stated in Chow v Subway Franchise Restaurants of Canada Ltd.:
Alexander Holburn Beaudin + Lang LLP
In today's real estate market, prospective purchasers may find themselves hastily making offers on properties, out of fear that someone else will beat them to the sale.
Rogers Partners LLP
Offers to settle can take a wide range of forms and can involve a variety of terms.
Stikeman Elliott LLP
Unifor then appealed the decision to the Alberta Court of Appeal.
McCarthy Tétrault LLP
Resource extraction industries have been following the Yaiguaje v. Chevron proceedings closely. The decisions that flow from this action have far-reaching implications surrounding the enforcement ...
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