Mondaq Canada: Litigation, Mediation & Arbitration
Borden Ladner Gervais LLP
On January 26, 2016, Madame Justice Roccamo released her reasons for judgment in Gardiner v. MacDonald, 2016 ONSC 602.
Aird & Berlis LLP
In a strong and purposefully worded decision, the Ontario Superior Court of Justice recognized a new cause of action referred to as "public disclosure of private facts."
Miller Thomson LLP
In Hurley v. OSPCA, the Ontario Superior Court of Justice upheld an Ontario Animal Care Review Board decision in support of the removal of 25 horses and one goat from a northern Ontario farm...
Blaney McMurtry LLP
Topics covered by the Court of Appeal this week in its civil decisions included franchise law (duty of disclosure), employment law (WSIB and wrongful dismissal of dependent contractors)...
Osler, Hoskin & Harcourt LLP
In our previous blog post in 2014, we had reported the Ontario Superior Court in Ramdath v George Brown College had granted the first award of aggregate damages following a common issues trial in 2014.
Osler, Hoskin & Harcourt LLP
In Schwilgin v. Szivy, the Ontario Court of Appeal dismissed a self-represented litigant's request for an extension of time to file a notice of appeal, after the litigant incorrectly had appealed an order to the Divisional Court.
Osler, Hoskin & Harcourt LLP
The recent decision of the Ontario Court of Appeal in Fanshawe College of Applied Arts and Technology v AU Optronics Corporation, 2015 ONCA 808, dealt with a motion to quash an appeal.
McCarthy Tétrault LLP
The Ontario Court of Appeal is once again making headlines with the case of Ramdath v George Brown College, which has turned out to be a doubly significant case at the intersection of class actions and consumer protection legislation.
Blake, Cassels & Graydon LLP
The British Columbia Supreme Court has recently granted leave to appeal from an arbitrator's award that applied a broad notion of the doctrine of good faith in the performance of a contract.
Blake, Cassels & Graydon LLP
This decision is a chapter in the judicial saga resulting from the delay from the City of Montréal (City) to de-ice sidewalks of downtown Montréal during the illegal strike of the members of the Union in the winter of 2004.
Torkin Manes LLP
A new, and very welcome, procedure has been implemented at the Toronto Superior Court for civil proceedings (regular stream).
McCague Borlack LLP
In the classic cartoon from The New Yorker, a lawyer sits across from a prospective client and remarks: "You have a pretty good case, Mr. Pitkin.
Borden Ladner Gervais LLP
The plaintiffs were amongst several investors who lost money in corporations promoted by individuals who had been the subject of proceedings by the Alberta Securities Commission (ASC).
McCague Borlack LLP
You get to your office bright and early with a long list of tasks to complete for the day. Before even taking a sip of your morning coffee, the phone rings.
In Green, a five judge panel of the Court of Appeal had reversed its previous decision in Sharma v. Timminco, 2012 ONCA 107 ("Timminco"), about how limitation periods for secondary market class actions operate.
Affleck Greene McMurtry LLP
Livent Inc. ("Livent") has prevailed at the Court of Appeal in its auditor's negligence claim against Deloitte & Touche ("Deloitte") concerning Deloitte's failure to detect an accounting fraud carried out by Livent's senior management
Kevin Yee discusses how people are chosen to be judges in British Columbia in his article for the Georgia Straight's online column, "Reasonable Doubt."
McCarthy Tétrault LLP
The Petitioner, Nataly Ohana, attended at an Apple store in Montreal on September 30, 2009 with a malfunctioning iPod Touch and a near well dead iPhone, while both products were still covered by Apple's one-year contractual warranty.
Bennett Jones LLP
The doctrines of res judicata and issue estoppel can, as a matter of law, apply to subsequent arbitration proceedings, the Alberta Court of Appeal recently held...
McCarthy Tétrault LLP
On January 13, 2016, Justice Claude Dallaire dismissed Petitioner's request to obtain the authorization to exercise a class action against 3 different entities of the Desjardins Group.
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Stringer LLP
A recent decision from the Ontario Superior Court is a reminder to employers that dismissal for just cause must be based on solid ground.
While cases, where you are disabled for only a few weeks, are covered by short-term disability, if an injury causes debilitation that lasts months – or even years – your coverage shifts to long-term disability.
Bennett Jones LLP
In 2015, and just before his retirement, Justice Murray of the Ontario Superior Court of Justice left us with a challenging legal decision that, for the time being at least, will matter to mortgage lenders.
Stringer LLP
2015 was a busy year for those following developments in labour and employment law.
Borden Ladner Gervais LLP
A recent arbitration award in Ontario addresses post-incident breathalyzer alcohol and urine drug tests in a safety sensitive workplace.
Borden Ladner Gervais LLP
​The contents of this article apply to federally-regulated employers only. On November 30, 2015, the Federal Court of Appeal released an important judgment regarding the duty of federally-regulated employers to appoint a "competent person" to investigate a workplace violence complaint...
Minden Gross LLP
The recent case of Tetra Consulting and Cassar v. Continental Bank of Canada may advance the law on the manner in which the Court will calculate reasonable notice on the case of a dependent contractor.
Torkin Manes LLP
Waivers are being effectively upheld with regard to allegations of negligence, as long as they are clearly worded and unambiguous.
WeirFoulds LLP
In a society as diverse and multi-cultural as our own, in which individuals are becoming ever more aware of their legal rights, it is no surprise that we are seeing an increase in competing human rights claims.
Stewart McKelvey
The Canada Industrial Relations Board recently held that it had no jurisdiction as a federal board to certify a bargaining unit comprised of fisheries employees of the Waycobah First Nation.
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