Mondaq Canada: Litigation, Mediation & Arbitration
Norton Rose Fulbright Canada LLP
Wiretap evidence obtained in a criminal investigation by the Competition Bureau may be disclosed for purposes of a class action alleging anticompetitive practices according to the Supreme Court of Canada.
Bennett Jones LLP
Canadian civil plaintiffs can now access wiretaps collected by authorities in the context of criminal investigations.
Gowling Lafleur Henderson LLP
In what circumstances can statistical evidence be used to support a finding of aggregate damages in a class action?
Moodie Mair Walker LLP
Section 265 of the Ontario Insurance Act provides coverage for injuries caused by accidents involving uninsured and unidentified drivers.
Lerners
The initial euphoria of buying a property can be quickly deflated by the finding of a serious defect after you move in.
Davis LLP
The culture shift in the litigation process towards "proportionality" was front and centre in a recent costs decision by Mr. Justice Peter Michalyshyn in Sutherland v. Encana Corporation.
Blaney McMurtry LLP
Topics include summary judgment in the limitation period context, property disputes involving religious organizations, family law, and others.
Lette & Associés S.E.N.C.R.L.
Dans la plupart des juridictions, il existe une règle de compétence internationale selon laquelle les tribunaux de la juridiction saisie ont compétence lorsqu'un préjudice y a été subi.
Lette & Associés S.E.N.C.R.L.
In most jurisdictions, there exists a rule of international jurisdiction according to which the Courts have jurisdiction for prejudice suffered in that jurisdiction.
McCarthy Tétrault LLP
The Supreme Court of Canada released one judgment this week of interest to Canadian businesses and professions.
McCarthy Tétrault LLP
In R. v. Mian, the Supreme Court provided extensive comment on when an "appellate court can disrupt the adversarial system and raise a ground of appeal on its own" initiative.
Paterson MacDougall LLP
Sarojanie Nandlal slipped and fell on a flight of stairs at a busy transport hub in Toronto for rapid transit trains, buses, and a subway.
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
The Alberta Court of Appeal considered the meaning of "control" under the Alberta Rules of Court, AR 124/2010, Rule 5.6, dealing with Form and Contents of Affidavit Records.
Osler, Hoskin & Harcourt LLP
A US appeals court has dismissed a proposed securities fraud class action, clarifying when a corporation will be deemed to make misstatements knowingly.
Langlois Kronstrom Desjardins s.e.n.c.r.l.
On September 30, 2104, the Minister of Justice introduced Bill n°14: An Act to amend the Code of Civil Procedure and other provisions.
McCarthy Tétrault LLP
For the Canadian class actions defence bar the recent ruling in Eubank v. Pella Corporation represents a breath of fresh air from south of the border.
Miller Thomson LLP
Recently, the Court of Appeal considered limitation periods and discoverability in the context of profits shared under a partnership agreement.
Mills & Mills
Recent amendments to the Rules of Civil Procedure should greatly reduce the number of administrative dismissals of Actions.
Minden Gross LLP
In an unusual case, Justice Nordheimer of the Superior Court of Justice has overturned the result of a youth soccer match.
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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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