Mondaq Canada: Litigation, Mediation & Arbitration
Blake, Cassels & Graydon LLP
In its recent decision in Morrison v. Galvanic Applied Sciences Inc., the Alberta Court of Appeal (Court) reaffirmed that the Alberta Rules of Court (Rules) apply in full force to self-represented
Bennett Jones LLP
The British Columbia Supreme Court in MRC Total Build Ltd. v F&M Installations Ltd., 2019 BCSC 765 [MRC Total Build] recently considered an application
WeirFoulds LLP
When land is expropriated, the owner whose land is taken is entitled to be compensated for the fair market value of the land taken, the damage to the remainder of the land if only part of the land was taken, as well as other "disturbance
Gowling WLG
Formal dispute resolution procedures such as litigation and arbitration can involve significant financial and time investment which can detract from a company's key business ...
McCarthy Tétrault LLP
The Chartered Institute of Arbitrators (the "CIArb") recently released Guidelines for Witness Conferencing in International Arbitration
Blaney McMurtry LLP
In 2386240 Ontario Inc. v. Mississauga (City), 2019 ONCA 413, the Court upheld a municipal by-law prohibiting the smoking of waterpipes in various public places.
Howie, Sacks & Henry
It's the time of year we've all been waiting for – when those of us with cottages finally get to open their doors for the season
Siskinds LLP
On April 17, 2019 the Court of Appeal of Ontario released its decision in Hughes v. Liquor Control Board of Ontario, 2019 ONCA 305 [Hughes].
Blake, Cassels & Graydon LLP
On May 24, 2019, the British Columbia Court of Appeal decided unanimously that B.C.'s proposed amendments to the Environmental Management Act (Proposed Law) regarding the Trans Mountain
Lawson Lundell LLP
Negative reviews posted on websites such as Better Business Bureau, Yelp, Glassdoor, and Facebook can be devastating to companies ...
Bentham IMF Capital Limited
Dispute financing company Bentham IMF has hired well-known international arbitration expert Annie Lespérance, FCIArb, as Legal Counsel in its Montreal office as it continues to expand both its arbitration bench strength, and its presence in a growing Quebec market.
Borden Ladner Gervais LLP
On May 30, 2019, the Ontario Court of Appeal (the Court) released its decision in Drummond v. The Cadillac Fairview Corp. Ltd., 2019 ONCA 447.
Osler, Hoskin & Harcourt LLP
On May 23, 2019, the Supreme Court of Canada granted leave to appeal in Uber Technologies Inc., et al. v. David Heller (the Uber Class Action). At issue is an arbitration clause in the Uber driver service agreement that requires all claims be arbitrated in the Netherlands, regardless of size.
Gowling WLG
A softball player trips over a divot on the ground. A child's hand gets caught in a rope during a tug-of-war game. A dumbbell rolls across a gym floor and hits someone's foot.
McCarthy Tétrault LLP
A corporation is of course an abstract entity. It is a legal person, but can only act through human beings.
Clark Wilson LLP
In this, Part 3 of the series (and the final of this trilogy), we outline a set of management strategies for administrators, faculty, staff,
Borden Ladner Gervais LLP
The Supreme Court of Canada has breathed new life into the ancient writ of habeas corpus in a 6-1 decision1 affirming that detainees under the Immigration and Refugee Protection Act
Strigberger Brown Armstrong LLP
On December 31, 2013, the plaintiff, Kathryn Owens, had a slip and fall outside the Blue Canoe Waterfront Restaurant (the "Restaurant"), in Stevenson, BC, while walking on the boardwalk adjacent to its entrance.
Spiegel Sohmer
The plaintiffs operate a small Maremma and Abruzzese sheepdog breeding farm. An Italian canine breed, these dogs serve as sheepdogs.
Bennett Jones LLP
Lincoln Caylor authors the "Says No" portion of the article "Should there be mandatory sentencing?" published in Alberta Reviews, June 2019.
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Blaney McMurtry LLP
Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for failure to comply with disclosure order)
Gowling WLG
On October 23, 2018, the Government of Canada announced the next steps in its climate action plan and reaffirmed its commitment to apply a federal carbon pricing system (the "Federal Backstop")...
McCarthy Tétrault LLP
Late last week, the NYAG filed a law suit in the Supreme Court of the State of New York against Exxon alleging that Exxon violated, among other things, the securities fraud provisions of a 1921 New York statute...
Clark Wilson LLP
The case of Gully v Gully, 2018 BCSC 1590 provides useful insight on a peril of putting property into joint tenancy. The decision illustrates the importance of considering the financial status...
Blaney McMurtry LLP
In Hughes v. Liquor Control Board of Ontario, the Court affirmed a motion judge's dismissal of a proposed class action against the LCBO stemming from an agreement between the LCBO and Brewer's
Dentons
Is it possible for a party not named in an insurance policy to be entitled to insurance proceeds under that policy?
Blaney McMurtry LLP
Here are this week's summaries of the civil decisions of the Court of Appeal for Ontario.
Clark Wilson LLP
Covenants to insure are common in commercial leases and construction contracts.
Blaney McMurtry LLP
There were five substantive civil decisions released by the Court of Appeal for Ontario this week.
Fasken
The Court of Appeal also decided to look into the issue of control, more specifically the criterion used by the trial judge to determine control.
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