Mondaq Canada: Litigation, Mediation & Arbitration
Osler, Hoskin & Harcourt LLP
Justice Perell of the Ontario Superior Court certified a national opt out class action that dovetails with a related national opt in class action previously certified in British Columbia.
Affleck Greene McMurtry LLP
Class action plaintiffs can obtain court-ordered disclosure of wiretap evidence obtained by the Competition Bureau, Canada’s Supreme Court held today in Imperial Oil v Jacques.
McCarthy Tétrault LLP
The final settlements were approved yesterday in a series of settlements that represent the second-largest recovery in Canadian competition class action history.
Davis LLP
In Canadian Natural Resources Limited v ShawCor Ltd., the Alberta Court of Appeal analyzed the role privilege plays in an Affidavit of Records.
Lerners
While Ontario continues its review of its Class Proceedings legislation, including its rules in respect to awarding costs, the case law in Canada’s so called "no cost" class action jurisdictions continues to develop.
Minden Gross LLP
The recent Ontario Court decision in Hargraft Schofield LP v. Fluke provides some interesting reminders as to problems that can arise when one attempts to enforce an arbitration clause in a contract.
Mills & Mills
Recent amendments to the Rules of Civil Procedure should greatly reduce the number of administrative dismissals of Actions.
Blaney McMurtry LLP
When does a guarantor have a right to seek contribution from his or her co-surety when the first guarantor made payment even though there was no demand for payment by the bank.
Osler, Hoskin & Harcourt LLP
Justice Doherty, on behalf of a unanimous Ontario Court of Appeal, allowed an appellant to raise a dispositive jurisdictional argument on appeal.
Paterson MacDougall LLP
The Ontario Superior Court of Justice recently clarified which protections the law provides to elected municipal officials who defame others during council meetings.
Davis LLP
These decisions exemplify the trend amongst administrative tribunals of utter deference for the decision maker.
Lawson Lundell LLP
In the recent Ontario Superior Court case of Moore v. Getahun, 2014 ONSC 237 ("Moore") the Court answered yes to this question and took a very restrictive approach to communications between counsel and experts.
Gowling Lafleur Henderson LLP
This case considers the constitutionality of British Columbia’s implementation of a hearing fee scheme pursuant to the provinces’ administration of justice power.
Gowling Lafleur Henderson LLP
The Supreme Court of Canada recently considered the issue of so-called "Mr. Big" confessions.
Osler, Hoskin & Harcourt LLP
Justice Weiler rejected an accused’s argument that he had an automatic right to state-funded counsel for a first appeal in a criminal case.
McCarthy Tétrault LLP
The Ontario Court of Appeal upheld the decision affirming the dismissal of a certification motion in a proposed "misclassification" overtime class action.
Blaney McMurtry LLP
This appeal arises from a decision of the Superior Court granting the respondent's motion to strike the appellant's counterclaim for sexual battery.
Blake, Cassels & Graydon LLP
The B.C. Supreme Court refused to certify a class proceeding against Apple Inc. relating to alleged breaches of privacy involving the Location Services aspect of iOS4.
Norton Rose Fulbright Canada LLP
The Superior Court of Quebec affirmed that members who have not "registered" for a class action are not clients of the plaintiff’s lawyers.
Blaney McMurtry LLP
The general rule in civil cases is that "costs follow the event." In other words, the losing party pays a portion of the legal costs of the successful party.
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McMillan LLP
The British Columbia Supreme Court flatly rejected in Sam v. British Columbia that Tsilhqot'in had created a legal duty on the Crown to negotiate in good faith.
Davis LLP
Even members of the Millennial Generation are troubled by the thought of strangers accessing the intimate details of their health histories.
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.
Davis LLP
The Supreme Court of Canada ruled that Quebec’s consumer protection legislation is applicable to federally regulated banks such that it provides the basis for consumer class actions.
Blake, Cassels & Graydon LLP
In a landmark decision, R. v. Spencer, the Supreme Court of Canada ruled that individuals have a reasonable expectation of privacy in Internet usage information.
McInnes Cooper
The decision makes it clear that there are limits to both what a person can leave her money for and to whom she leaves it.
Willms & Shier Environmental Lawyers LLP
Jessica Ernst owns land near Rosebud, Alberta. In 2007, Ms. Ernst brought claims against EnCana Corporation, the province of Alberta and the Board.
Borden Ladner Gervais LLP
To a certain degree, contract disputes are inevitable during the life of an organization. What effect does a particular clause have?
Foster & Company
Avelino Fernandes owned a brick laying business. As he was not able to receive EI or Worker’s Compensation benefits, Fernandes bought himself disability insurance.
Borden Ladner Gervais LLP
The Alberta Court of Appeal reaffirmed the significance of settlement privilege and did so specifically in the context of the Freedom of Information and Protection of Privacy Act.
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