Mondaq Canada: Litigation, Mediation & Arbitration
Torkin Manes LLP
At first glance, a commercial agreement that provides for an option to purchase property or a right may seem unfair.
Osler, Hoskin & Harcourt LLP
As we have discussed before, Canadian courts are grappling with a number of considerations involved in multijurisdictional class actions.
Osler, Hoskin & Harcourt LLP
The Professional Engineers Act, RSO 1990, c P.28 (the "Act") stipulates that complaints against professional engineers are investigated by a Complaints Committee.
McLennan Ross LLP
An unfortunate middle-aged immigrant from Poland was involved in six automobile accidents over the course of five years.
Blaney McMurtry LLP
The Court of Appeal has released a variety of cases this week dealing with such topics as wrongful dismissal, bankruptcy and insolvency, pensions, real estate, and residential landlord and tenant.
McCarthy Tétrault LLP
In Raleigh c. Maibec inc., 2016 QCCS 2533, Justice Soldevila refused to authorize a "copycat" class action on behalf of consumers who had purchased wood siding and shingles manufactured by Maibec inc., a Quebec company.
Blake, Cassels & Graydon LLP
In Bard v. Canadian Natural Resources (Bard), the Court of Queen's Bench of Alberta (Court) ruled that certain documents were to be produced in native format, despite what was set out in a discovery agreement between the parties.
Dentons
Many retailers and shopping centre landlords use gift cards to build brand loyalty. These prepaid purchase cards come in a variety of types.
Cox & Palmer
Over the past year or so, a series of Canadian decisions have caused lawyers, judges and legal commentators to refocus on the issue of expert evidence in litigation.
McLennan Ross LLP
On June 8, 2016, the Court of Queen's Bench of Alberta released a 60 page ruling in the cases of Kent v. Martin and Kent v. Postmedia.
Bennett Jones LLP
That loud whirring you heard earlier this week? It was the sound of Ontario's 50,000 (or so) lawyers collectively printing the 169-page, 445-paragraph decision in Groia v The Law Society of Upper Canada.
Lerners
This month's netletter features appeals dealing with the extent to which a parent company of a franchisor owes duties of good faith to a franchisee, discovery of claims to defeat a limitation period defence, leave to appeal for decisions of judges under the Companies Creditors' Arrangement Act, appealability and standard of review of an arbitrator's decision and the test for a stay pending a leave application to the Supreme Court of Canada.
McCarthy Tétrault LLP
Class proceedings often concern issues that involve persons residing in a number of provinces.
Blake, Cassels & Graydon LLP
The Court of Appeal of Alberta addressed the issue of chronic delay in civil litigation, when it released a split decision on the interpretation of rule 4.33 in the Alberta Rules of Court.
Miller Thomson LLP
On Friday, June 3, 2016, the Supreme Court of Canada released two important decisions confirming the importance of solicitor-client privilege.
Borden Ladner Gervais LLP
On June 10, 2016, the Court of Appeal released its decision in Paton Estate v. Ontario Lottery and Gaming Corporation.
Pallett Valo LLP
The recent decision of the Ontario Superior Court of Justice in Haas v. Gunasekaram, 2015 ONSC 5083 reinforces the approach that Ontario Courts take to defining the boundaries of arbitration clauses.
Bull, Housser & Tupper LLP
On June 3, 2016, the Supreme Court of Canada rendered two decisions that affirmed the paramountcy of solicitor-client privilege...
Torys LLP
New York's highest court has declined to expand the common-interest doctrine beyond the litigation context, such as to M&A transactions.
WeirFoulds LLP
Consider the following hypothetical: The "Vetting Committee" of a professional regulator refers specified allegations of professional misconduct against a member to the Discipline Committee.
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Gowling WLG
The Supreme Court released two unanimous decisions on June 3, 2016 upholding solicitor-client privilege in the context of requirements (Requirements) by the Canada Revenue Agency...
Borden Ladner Gervais LLP
The Court considered whether the Alberta Energy Regulator can restrict a trustee's powers to sell or disclaim uneconomic assets subject to AER licences.
McInnes Cooper
On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation's request to appeal the Court of Appeal's dismissal of its bid to challenge a regulatory approval.
Norton Rose Fulbright Canada LLP
Beginning in 1998, Janssen Inc. (Janssen Canada) marketed levofloxacin in Canada under the name LEVAQUIN® for use in the treatment of bacterial infection.
Borden Ladner Gervais LLP
On April 20, 2016, Ontario Superior Court Justice Lederer rendered a decision that was both momentous and unusual.
Rotfleisch & Samulovitch P.C.
The Canada Revenue Agency continues to bolster reporting requirements for foreign assets or offshore income and the penalties associated with failure to file tax returns or information returns can be onerous.
Blake, Cassels & Graydon LLP
A "pay when paid" clause is a provision sometimes found in commercial contracts stating that party B will not pay party C until party A (who is not a party to the contract) pays party B.
Affleck Greene McMurtry LLP
The Ontario lithium ion batteries case was certified as a class action against Samsung, LG Chem, Panasonic, and other manufacturers.
Smart & Biggar/Fetherstonhaugh
On June 1, 2016, Madam Justice Tremblay-Lamer of the Federal Court issued an interlocutory injunction against retailers of set-top boxes that are configured, or "pre-loaded", with various applications that provide their users with unauthorized access to copyrighted television content.
Blake, Cassels & Graydon LLP
The proceedings arose in a contested fight over the future of Alternate Earth Resources Inc. (AER), a TSX-V listed company.
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