Mondaq Canada: Litigation, Mediation & Arbitration
McCarthy Tétrault LLP
The Ontario Court of Appeal recently reiterated several key principles in the context of class action certification motions.
Torkin Manes LLP
In the recent Court of Appeal decision in Fonseca v. Paul Hansen et al, an appeal was brought regarding the trial decision of a jury.
Torkin Manes LLP
Since the Supreme Court of Canada released its leading decision on contract interpretation in 2014, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 ("Sattva"), Canadian Courts have placed weight on the purpose of the contractual provision as a key factor in deciding how to interpret it.
McMillan LLP
Unpaid contractors cannot sit back and refuse to pay subcontractors based on a provisional payment clause.
WeirFoulds LLP
WeirFoulds recently acted as Amicus Curiae in a judicial review involving the interpretation of a regulator's jurisdiction to award costs.
Personal injury lawyer, Bill Simpson, and law clerk, Lisa Bradshaw, will discuss the upcoming legislative changes to the Statutory Accident Benefits Schedule at a presentation to the staff of the Chatham-Kent Health Alliance...
Osler, Hoskin & Harcourt LLP
AE Hospitality Ltd v George, 2015 ONSC 7370 dealt with the test for granting leave to appeal under Rule 62.02(4) of the Ontario Rules of Civil Procedure.
Blaney McMurtry LLP
Following are this week's summaries of civil decisions released by the Court of Appeal. Topics covered include contract issues, insurance, environmental regulations, summary judgment and oppression.
This month's netletter summarizes appeal decisions with respect to the limitation period for a continuing breach of contract, the application of estoppel in a will challenge, when an unequivocal bequest in a will can be contrary to public policy, limitation periods in actions against lawyers and how an accident is defined in the Statutory Accident Benefits Schedule.
Torkin Manes LLP
Although judicial review has long been used in "traditional" areas of law, such as in disputes between health professionals and their regulatory bodies, judicial review is becoming increasingly available in non-traditional settings.
In personal injury cases, municipalities often appear as defendants. Municipalities interact with so many people in so many areas of activity that it is inevitable that accidents and injuries will occur.
Change is the name of the game when it comes to Ontario car insurance. It seems that every year our legislature is keen to make changes to our auto insurance laws.
McCague Borlack LLP
The plaintiff's position was that neither the membership agreement nor the renewal documentation containing the waiver language were in effect or enforceable on the date of loss.
McCarthy Tétrault LLP
It was widely hoped that the Supreme Court of Canada decision in Dunsmuir v. New Brunswick would simplify the judicial review of administrative action by limiting the scope of review to two standards: reasonableness and correctness.
Osler, Hoskin & Harcourt LLP
PrairieSky, now a publicly-traded company, is not a party to the Royalty Agreement between Encana and TTWI.
Osler, Hoskin & Harcourt LLP
On April 4, 2016, the Ontario Court of Appeal granted summary judgment in Sankar v Bell Mobility Inc., dismissing a certified class action against Bell Mobility Inc. regarding prepaid wireless credits.
McCarthy Tétrault LLP
On April 6, 2016, the Ontario Court of Appeal released its decision in Good v. Toronto (Police Services Board). The case concerns the certification of a proposed class in a proceeding arising from events surrounding the G20 Summit held in Toronto in June 2010.
Alexander Holburn Beaudin + Lang LLP
A Plaintiff in a defamation action not only had its action dismissed, but its hands slapped by the Court with an order that it pay the Defendants special costs...
Gowling WLG
Gowling WLG's dedicated professional liability team bring you their monthly update on the cases and issues affecting accountants and other financial professionals on a range of liability risk management issues.
McCarthy Tétrault LLP
Since our last post, the Supreme Court of Canada (SCC) has granted leave in a couple significant cases that will be of interest to our readers:
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Goldman Hine
In the landmark 2013 decision of Canada v Bedford, the Supreme Court of Canada declared that certain provisions of the Criminal Code violated section 7 of the Charter of Rights and Freedoms.
Aird & Berlis LLP
Employers in Canada understand that they must maintain a safe work environment for their employees.
The Ontario Court of Appeal released a decision last week that serves as a stark reminder to employers of just how critical a properly worded employment agreement can be.
Borden Ladner Gervais LLP
The bold move towards climate change litigation is progressing in Canada as seen in last year's Voters Taking Action on Climate Change v. British Columbia (Energy and Mines), 2015 BCSC 471.
McMillan LLP
Terminating the employment of an employee prior to the expiry of a fixed-term employment agreement is often a ticklish issue for an employer.
McCarthy Tétrault LLP
Earlier this month, the Supreme Court of Canada (SCC) granted leave to appeal in three cases that concern important aspects of the Crown's duty to consult and accommodate Aboriginal peoples.
Rotfleisch & Samulovitch P.C.
Any Canadian taxpayer who has ended up on the wrong side of a dispute with the Canada Revenue Agency ("CRA") is likely aware of the broad powers given to the Tax Man by the Canadian Income Tax Act.
McMillan LLP
This procedure can present problems for strata corporations who wish to dissolve.
McCarthy Tétrault LLP
This was a leave and certification motion in a proposed securities class action for secondary market misrepresentation.
McCarthy Tétrault LLP
This case, which was a judicial review of an arbitral award, involved a form of settlement agreement known as a "last-chance" agreement.
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