Mondaq Canada: Litigation, Mediation & Arbitration
Blaney McMurtry LLP
Hello again everyone. This was a relatively light week for the Court of Appeal. Only five non-criminal decisions were released.
McCarthy Tétrault LLP
The British Columbia Court of Appeal’s decision in Roy v Kretschmer, 2014 BCCA 429 provides guidance on the element of reliance in the tort of deceit.
McCarthy Tétrault LLP
This was a busy week at the Court, with the release of one oral decision, and eight leave-to-appeal rulings, all likely to be of interest to Canadian businesses and professionals.
Lerners' Top 5 Civil Appeals cases from the Ontario Court of Appeal from October 2014.
This month’s Netletter features decisions regarding common issues in overtime class actions, how property owned by a church is legally held, mandatory mediation in statutory accident benefit claims, when encroachment of a right-of-way is actionable and contempt proceedings in estate disputes.
Minden Gross LLP
In a very brief decision, Justice Lemon of the Ontario Superior Court of Justice cut right to the point when he asked for cost submissions of no more than three pages and ended up with much more from both sides.
Field LLP
The B.C. College of Optics (the "School") is a private school for Opticians. The School applied to the provincial regulator, the College of Opticians of B.C., (the "College") seeking recognition of the School’s academic program.
Goodmans LLP
The Ontario Superior Court of Justice has provided guidance on the significant implications of the Supreme Court of Canada's decision in Hryniak v. Mauldin.
Bennett Jones LLP
Today, Canadians are mediating their disputes in record numbers.
Knowing what you have promised is important in business. The financial consequences of contracts can be beneficial or dire.
McCarthy Tétrault LLP
The Marcotte case was the subject of recent reasons by the Supreme Court of Canada.
Osler, Hoskin & Harcourt LLP
In Sherry Good v. Toronto Police Services Board, the Ontario Divisional Court considered an appeal by the plaintiffs from the denial of certification of a proposed class action.
Norton Rose Fulbright Canada LLP
Rules that duty requires a "basic level of honesty" in contractual performance, not the rejection of economic self-interest.
Osler, Hoskin & Harcourt LLP
In its recent decision in Rivard v. Eoliennes de l’Erable inc., the Superior Court of Quebec authorized a class action by landowners for alleged abnormal neighborhood disturbances in relation to the construction and exploitation of a wind farm.
Davis LLP
In Charik Custom Homes Ltd. v Sara Development Inc., Master Robertson of the Alberta Court of Queen’s Bench added another layer of interpretation to the "drop-dead" rule.
Blaney McMurtry LLP
Hello again for another week of Ontario Court of Appeal Summaries.
McLennan Ross LLP
Despite encouragement and pressure from the judiciary, legislative intervention to solve many of these complex jurisdiction issues has not kept pace.
Norton Rose Fulbright Canada LLP
L'auteure commente cette décision de la Cour d'appel qui porte sur les articles 54.1 et suivants du Code de procédure civile, relatifs au pouvoir de sanctionner les abus de procédure.
McCarthy Tétrault LLP
The Supreme Court of Canada has released a precedent-setting judgment in the area of contract law.
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.
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Blaney McMurtry LLP
The CBC announced that information had come to its attention recently that in its judgment precluded it from continuing its employment relationship with Mr.Ghomeshi.
The initial euphoria of buying a property can be quickly deflated by the finding of a serious defect after you move in.
Stewart McKelvey
The Supreme Court of Canada’s unanimous decision in Bhasin v Hrynew, 2014 SCC 71 has been making headlines since its release last week. The case is big news in the legal and business worlds because it creates a duty of honest contractual performance that is new to Canadian common law. (It also seeks to clarify how good faith fits into the law of contract.)
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.
Torkin Manes LLP
The Supreme Court of Canada has held that the common law imposes a duty on parties to a contract to perform their obligations honestly.
Dentons (Canada)
On November 6, 2014 at the Toronto Centre Canada Revenue Agency & Tax Professionals Breakfast Seminar, representatives from the CRA provided an update on the Income Tax Rulings Directorate ("Rulings") and discussed current topics of interest.
Fasken Martineau
An employee covered by a union agreement is typically barred from bringing a claim to court. Instead, he or she is required to use the collective agreement’s grievance and arbitration process, with union representation.
Blaney McMurtry LLP
It has been almost 18 years since a Conservative government implemented Ontario’s third major tort reform automobile compensation system.
Minden Gross LLP
The Ontario Court of Appeal has overturned a trial decision costing a commercial real estate agent over $100,000 all because the agent failed to send a simple email or letter.
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