Mondaq Canada: Litigation, Mediation & Arbitration
Matson Driscoll & Damico
This first post on pre-judgment interest deals with the basic question: what is the best method by which to calculate a pre-judgment interest rate?
Osler, Hoskin & Harcourt LLP
After the accused's guilty plea, the trial judge sentenced her to one year in prison, less 344 days of pre-sentence custody, and an additional twelve months conditional sentence.
Blaney McMurtry LLP
Below are summaries of this week's OCA civil decisions (non-criminal).
McCarthy Tétrault LLP
On June 12th, in Martel c. KIA Canada inc. (2015 QCCA 1033), the Quebec Court of Appeal reversed a ruling of the Superior Court which had refused to authorize a class action against a vehicle manufacturer...
Minden Gross LLP
Masters have been a fixture in the Toronto Court system for many years
Gowling Lafleur Henderson LLP
No one reasonably disputes that technology, when managed efficiently, reduces the cost of litigation and causes the conduct of a trial to be more efficient.
Osler, Hoskin & Harcourt LLP
The case emerged from a car accident. A jury found the Defendant 30% responsible for the accident, but awarded the Plaintiff zero damages.
McMillan LLP
The Court of Appeal dismissed the appeal solely on the basis that the claim lacked commonality of issues between its class members.
Osler, Hoskin & Harcourt LLP
Establishing a common misrepresentation can be a high hurdle to class action certification for misrepresentation claims where multiple representations are alleged to have been made.
Bennett Jones LLP
Réjean Hinse was wrongfully imprisoned for 15 years for a crime he didn't commit.
Miller Thomson LLP
As the Ontario court system slowly (slowwwwwwwly) tries to modernize, judges more regularly ask counsel for electronic copies of materials filed for a motion, trial or other hearing.
The first half of 2015 is almost in the books, and it has been an eventful time. The second half of 2015 looks to be even more eventful as we move to a federal election.
Blaney McMurtry LLP
Metrolinx purchased a corridor from Canadian National Railway (CN) on which Metrolinx operates a railway. Enbridge owns six gas pipelines that run along municipal road allowances and cross under the railway
McCarthy Tétrault LLP
The Supreme Court of Canada has recently dismissed two leave applications and granted leave in one case that will be of interest to our readers.
Langlois Kronstrom Desjardins s.e.n.c.r.l.
The coming into force of the new Code of Civil Procedure in the fall of this year will be a turning point regarding the use of private dispute prevention and resolution methods the parties.
McCarthy Tétrault LLP
Recent developments suggest that the ongoing success of the Canadian plaintiffs' bar in obtaining certification of global securities class actions may be illusory.
McCarthy Tétrault LLP
An interesting mélange of Ontario and Albertan law has become the order of the day in Alberta – a true cultural melting pot for summary judgment.
Osler, Hoskin & Harcourt LLP
Mr. Baroch, who is the plaintiff in a class action, sought to strike out the reply factum of the Defendant, Canada Cartage.
Blaney McMurtry LLP
Below are the summaries of this week's Ontario Court of Appeal decisions.
Experts and expert reports play a vital role in the outcome of increasing amount of litigation.
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Blaney McMurtry LLP
The biggest insolvency in national retailing history, Target stores' Canadian subsidiary, is scheduled to take key steps on the road to resolution this month and over the summer.
This is the question that K.L. v. 1163957799 Quebec Inc., 2015 ONSC 2417 hopes to answer.
Langlois Kronstrom Desjardins s.e.n.c.r.l.
Following a preliminary inquiry last April, a Montreal-area construction contractor was committed for trial on charges of manslaughter and criminal negligence causing death.
Dentons (Canada)
The Ontario Divisional Court recently affirmed the lower court's decision in the case of Miller v. A.B.M., an important case with respect to the interpretation of termination provisions in employment contracts.
Dentons (Canada)
Not surprisingly, employers seek to hire individuals who will perform the duties of their job diligently, honestly and faithfully.
Borden Ladner Gervais LLP
On April 30, 2015, the Supreme Court of Canada granted leave to appeal to Jessica Ernst in her ongoing claim against the Energy Resources Conservation Board (predecessor to the Alberta Energy Regulator)(the "Board") and others relating to the damages allegedly caused to Ms. Ernst and her property by a coal bed methane shallow drilling program.
Singleton Urquhart LLP
Folklore has it that George Washington confessed to his father that he had cut down a cherry tree by stating "I cannot tell a lie"—thus setting an easily calculable standard of honesty for future generations.
Stringer LLP
Increasingly, the courts are striking down termination provisions in employment contracts resulting in lengthy common law notice awards to employees.
Blaney McMurtry LLP
Nortel filed for bankruptcy protection in January, 2009. The proceedings involved thousands of hours of detailed argument.
Blaney McMurtry LLP
The Ontario Court of Appeal has delivered important messages to lenders who take mortgages on real property as security and to borrowers who provide such security.
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