Mondaq Canada: Litigation, Mediation & Arbitration
Osler, Hoskin & Harcourt LLP
The Divisional Court released its decision in Fischer last week, in which the Court dismissed the Plaintiffs' application for leave to appeal an October 2014 costs decision by Perell J.
Bennett Jones LLP
On March 20, 2015, Justice Belobaba released his reasons in Dine v Biomet, a motion concerning the production of medical records prior to a certification motion.
Borden Ladner Gervais LLP
Over the years, class action plaintiffs' counsel has attempted to argue that this section of the CPA is intended to provide protection only to plaintiffs and not defendants.
McCarthy Tétrault LLP
The Supreme Court of Canada has released a number of significant decisions since our last update that are of interest to Canadian businesses and professions.
Miller Thomson LLP
Not surprisingly, Ontario's litigation bar breathed a collective sigh of relief when the court of Appeal restored the status quo to provide an acceptable framework in which lawyers can work with their experts.
Paliare Roland Rosenberg Rothstein LLP
The Court of Appeal's 2012 trilogy of overtime class action decisions (Fresco, Fulawka and McCracken) confirmed the viability a relatively new form of class action...
Osler, Hoskin & Harcourt LLP
Looking for a quick and easy way to make sure you're ready to respond to a class action?
Code Hunter Wittmann
The Ontario Court of Appeal has reaffirmed the propriety of effective consultation between counsel and expert witnesses.
Blaney McMurtry LLP
Hello everyone. Thank you for your continuing support of this blog and for your feedback. Based on your suggestions, we have decided to make some improvements to our blog.
Cassels Brock
In the aftermath of the global financial crisis and growing public mistrust, the investigation and prosecution of corporate misconduct has become a renewed focus and priority globally for law enforcement agencies.
Osler, Hoskin & Harcourt LLP
In Filion v. Québec (Procureure générale), the Québec Court of Appeal overturned a decision of the Superior Court which held that "Non-Registered" class members were not clients of Plaintiffs' counsel.
Miller Thomson LLP
With the sun shining, and weather warming up, Canadians will soon be celebrating the kickoff to summer's long weekend season.
Blaney McMurtry LLP
Hello everyone. Below are summaries of this week's Ontario Court of Appeal civil decisions.
Osler, Hoskin & Harcourt LLP
Being named as a defendant in a class action is often one of the most significant (and traumatic) events an organization can face.
Lawson Lundell LLP
Mr. Carey was counsel for Mr. Sabourin and his companies in a case involving offshore investments that had gone poorly.
Thomson, Rogers
In Westerhof, the Ontario Court of Appeal determined that experts involved for reasons unrelated to the litigation are not caught by the expert report rules as they were not "engaged by or on behalf of a party".
McCarthy Tétrault LLP
Canadian courts have long recognized that there is a compelling public interest in promoting an open and productive settlement process, both in civil and criminal proceedings.
Miller Thomson LLP
On September 16, 2014, I posted a blog entry on an interesting decision in a fuel oil spill case, Thornhill v. Highland.
Stikeman Elliott LLP
On April 15, 2015, the Court of Appeal of Quebec partially upheld a 2012 Superior Court judgment in favour of franchisees of Dunkin' Donuts.
Torkin Manes LLP
In WBLI v. Abbott and Haliburton, the shareholders of a corporation brought a professional negligence action against the former auditors of their company.
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Bennett Jones LLP
A recent decision from the British Columbia Court of Appeal provides an important reminder when communicating by email regarding the negotiation of the terms of an agreement...
Bull, Housser & Tupper LLP
The BC Supreme Court recently reminded employers of the potential consequences of improperly handling a termination for just cause.
Blake, Cassels & Graydon LLP
It is well known that a GST/HST-registered person can purchase certain types of commercial real property without paying GST/HST to the vendor.
Cox & Palmer
What happens when an employee files a constructive dismissal action against their employer, but keeps coming to work? Can the employer take the position that the employee has resigned, or must the employer allow the employee to keep working indefinitely?
Thompson Dorfman Sweatman LLP
In the course of two of its recent decisions, the Supreme Court of Canada (SCC) has fundamentally altered the legal landscape as to how parties must behave in their contractual relationships and how contracts are to be interpreted.
Borden Ladner Gervais LLP
On April 15, 2015, the British Columbia Court of Appeal released its decision in Saik'uz First Nation and Stellat'en First Nation v. Rio Tinto Alcan Inc., 2015 BCCA 154.
Minden Gross LLP
In a recent defamation decision, the plaintiff spent nearly $550,000 on legal fees only to recover a $10,000 judgment.
Stringer LLP
A recent case from the Human Rights Tribunal of Ontario provides guidance to employers on the extent of the duty to accommodate.
Borden Ladner Gervais LLP
On January 30, 2015, the Supreme Court of Canada issued a landmark decision, holding that the right to strike is constitutionally protected.
Blaney McMurtry LLP
Employers are facing increasing claims as a result of their failure to provide employee benefits and/or their negligence in the handling of benefit issues.
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