Mondaq Canada: Litigation, Mediation & Arbitration
Borden Ladner Gervais LLP
This is the second in a series of bulletins highlighting practical strategies for dealing with common issues in international business transactions and disputes.
Miller Thomson LLP
Unfortunately e-filing Defences is currently not available.
Lerners
In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 ("Clark"), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the "Act").
Lerners
Neil Wheeler, partner in the Plaintiff Personal Injury Practice Group at Lerners LLP, Toronto, discusses back to school season safety tips.
Affleck Greene McMurtry LLP
The New York Convention permits parties to arbitrations to enforce arbitral awards in any contracting state, including Canada.
McCarthy Tétrault LLP
The recent UK Supreme Court decision in Cox v Ergo Versicherung AG, [2014] UKSC 22, provides helpful commentary and a potentially persuasive precedent for Canadian courts on issues of choice of law, the distinction between substance and procedure in the conflict of laws, and legislative extraterritoriality in circumstances where a cause of action is governed by a foreign law.
Blaney McMurtry LLP
Yet another light week for the Court of Appeal.
Bennett Jones LLP
The Supreme Court of Canada announced that it will hear appeals in a trilogy of Ontario securities class action cases.
Dentons (Canada)
The Ontario Superior Court of Justice considered whether a plaintiff is permitted to obtain corporate documents from the defendant before the leave motion is adjudicated.
Torkin Manes LLP
The Supreme Court of Canada has limited the ability of commercial parties to appeal an arbitrator's interpretation of a commercial contract.
McCarthy Tétrault LLP
In the world of contractual interpretation, the decision of the Supreme Court of Canada in Sattva Capital Corp. v. Creston Moly Corp. is a blockbuster.
Blake, Cassels & Graydon LLP
The Supreme Court has granted leave to appeal in three securities class actions in which the defendants seek to enforce the three-year limitation period.
Blaney McMurtry LLP
This week’s topics include s. 29 and 89(1) of the Indian Act, abuse of process, and interlocutory versus final orders.
McCarthy Tétrault LLP
The Supreme Court of Canada’s decision in Sattva Capital Corp. v. Creston Moly Corp. will drastically limit appeals of arbitral awards in British Columbia.
Blake, Cassels & Graydon LLP
The Supreme Court of Canada has reinforced the finality of domestic arbitration awards by limiting the types of issues that can be considered questions of law.
Lerners
Cases such as Treat Canada Ltd. v. Leonidas, and Catalyst Fund General Partner I Inc. v. Hollinger Inc. show Canadian courts tend to avoid addressing the risk of self-incrimination in cross-border disputes head on in favour of crafting safeguards to protect the right.
Lawson Lundell LLP
Sattva Capital v. Creston Moly has been a prime example of how court intervention in the arbitration process can lead to it being anything but speedy or final.
McMillan LLP
Under the Bankruptcy and Insolvency Act, trustees have considerable discretion to administer a bankrupt’s estate in an expedient manner.
McCarthy Tétrault LLP
A study by NERA Economic Consulting shows that consumer class action settlements in the US have increased steadily over the past four years.
Lerners
Cases such as Treat Canada Ltd. v. Leonidas, and Catalyst Fund General Partner I Inc. v. Hollinger Inc. show Canadian courts tend to avoid addressing the risk of self-incrimination in cross-border disputes head on in favour of crafting safeguards to protect the right.
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McCarthy Tétrault LLP
Although the decision is based on unique underlying facts, it offers several important lessons on corporate governance.
Minden Gross LLP
In a recent case, the Superior Court upheld the Master’s decision to backdate a Statement of Claim that was issued after the expiry of the limitation period.
Torkin Manes LLP
The Ontario Court of Appeal has recently confirmed that it will pierce the "corporate veil" where a comp any is used for an "illegal, fraudulent or improper purpose".
Willms & Shier Environmental Lawyers LLP
The Supreme Court of Canada’s recent decision in Grassy Narrows First Nation v Ontario (Natural Resources) underscores once again the Crown’s duty to consult.
Gowling Lafleur Henderson LLP
The new tort of "intrusion upon seclusion", which provides a cause of action to those whose privacy has been breached, was given new teeth this month.
Torys LLP
Two recently certified class action lawsuits could expand the scope of the fledgling Ontario tort of "intrusion upon seclusion".
Minden Gross LLP
The recent decision of the Ontario Court of Appeal in The Estate of Pate v. The Corporation of the Township of Galway-Cavendish and Harvey provides interesting insights into the current state of the law on awards of punitive damages in wrongful dismissal cases.
Bennett Jones LLP
While taxpayers have initiated a number of civil claims against the CRA, alleging everything from negligence to fraud, these claims are rarely successful.
Willms & Shier Environmental Lawyers LLP
Prince Edward County Field Naturalists and the Alliance to Protect Prince Edward County should pay "fair and reasonable" costs to Ostrander Point GP Inc. within 30 days of the decision.
Blaney McMurtry LLP
Organizations that collect or handle personal information are generally aware that they have an obligation to protect that information from loss or misuse.
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