Mondaq Canada: Litigation, Mediation & Arbitration
Miller Thomson LLP
L'appel est formé par le syndic et le gestionnaire qui se pourvoient contre un jugement de la Cour supérieure leur enjoignant de payer des dommages intérêts à une créancière garantie (Finexcorp).
Borden Ladner Gervais LLP
In February 2015, the Superior Court of Justice awarded substantial damages against the Durham Regional Police Services Board ("Police") for releasing the identity of an alleged confidential informant.
Stikeman Elliott LLP
Litigation privilege cannot therefore be abrogated by inference, and clear, explicit and unequivocal language is required in order to lift it."
Bennett Jones LLP
In R v Jones and Schmidt, 2016 ONSC 7388, a November decision of the Ontario Superior Court of Justice, the court found that unreasonable delays in bringing the case to trial were mostly attributable to the prosecution.
Samis + Company
Can the definition of "owner" under the Dog Owners' Liability Act include someone who does not have dominion and control over the dog? The Court of Appeal for Ontario says "yes".
Devry Smith Frank LLP
In personal injury litigation, proving the fault of the other party is only half the battle; proving the injury and damages caused by an event can often be more difficult.
Norton Rose Fulbright Canada LLP
Perell J. of the Ontario Superior Court released a significant decision to commence the new year in a pre-certification motion in Mancinelli v Royal Bank of Canada, a $1 billion Ontario class action proceeding against several banks accused of price-fixing in foreign exchange markets.
Langlois lawyers, LLP
Class actions are constantly evolving and always reinventing themselves, knowing only as limit the creativity of litigants within the perpetual evolution of the law and business practices.
Devry Smith Frank LLP
A recent decision of the Ontario Superior Court is making waves in the legal circles because of the trial judge's bold statements about the role of civil jury trials in our justice system...
Samis + Company
The obligation of a Municipality to maintain a sidewalk and the Provincial Minimum Maintenance Standards were at the heart of a recent decision out of the Ontario Superior Court of Justice...
Blaney McMurtry LLP
Below are the summaries of this week's civil decisions of the Court of Appeal. Most of them were procedural in nature (dismissal for delay, appellate jurisdiction, limitation periods...
Stewart McKelvey
In December 2010, Mr. Churchill was injured in a car accident. He brought a claim for damages against the driver of the other vehicle.
McCarthy Tétrault LLP
On January 1st, 2016, the Act to establish the new Code of Civil Procedure came into force in Québec. Seeking to make justice more accessible, the current CCP simplifies procedure in some respects ...
McMillan LLP
The plaintiff alleged that the defendants misused a power of attorney, depriving the plaintiff of repayment of a shareholder loan.
Gowling WLG
This article summarizes the 10 most important Supreme Court of Canada decisions from 2016, as selected by Gowling WLG's Supreme Court of Canada Services Group.
Bennett Jones LLP
The Supreme Court of Canada's Winter Term begins on January 11. The most notable case on the docket is Deloitte & Touche v Livent Inc.
Torkin Manes LLP
A recent decision of the Ontario Court of Appeal, D'Onofrio v. Advantage Car & Truck Rentals Ltd., 2017 ONCA 5, asks whether a party who takes "no position" on a summary judgment motion is later bound by the motion judge's findings in the ongoing litigation.
Howie, Sacks & Henry
It has a reputation as "Toronto the Good." But for victims of slip and falls and other preventable accidents involving municipal property, it's more likely to be considered "Toronto the Good at Avoiding Its Responsibility Until It's Too Late."
Blaney McMurtry LLP
Below are the summaries for this week's civil decisions of the Court of Appeal.
Bennett Jones LLP
This country-specific Q&A provides an overview of the legal framework and key issues surrounding arbitration law in Canada including arbitration agreements, tribunals, proceedings as well as costs...
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Borden Ladner Gervais LLP
Can one owner of a joint bank account withdraw all of the funds for their own purposes? Does the other joint accountholder have any right to claim against the withdrawn funds?
Lerners
Some people will ask: "Can I give away my estate to whomever I want? The answer is not as simple as they may want.
McCague Borlack LLP
Several years ago, mould issues in residential or commercial buildings would only have been a major concern in exceptional circumstances.
Osler, Hoskin & Harcourt LLP
A recent decision of the Federal Court of Canada may have significant implications for how commercial parties conduct themselves.
Devry Smith Frank LLP
The explosion of modern communications technology is increasingly connecting Canadians to the world abroad. Geographical boundaries and distances are no longer as significant as they once were.
Rotfleisch & Samulovitch P.C.
The issue of whether Ms. Daley was entitled to a duty of fairness is discussed in detail by our expert Toronto Tax Lawyers in Part II of this case comment.
Blaney McMurtry LLP
Below are the summaries for this week's civil decisions of the Court of Appeal. Topics covered this week included a number of civil procedure issues...
McCarthy Tétrault LLP
A recent decision of the United States District Court, Northern District of California affirmed that a litigant has no right to compel the other party to use technology assisted review...
Stewart McKelvey
In a recent decision, R v McCarthy's Roofing Limited, Judge Anne Derrick provided some much-needed clarity around what it means to be a "constructor" on a job site.
Rotfleisch & Samulovitch P.C.
The facts of the case and the issues before the Federal Court are discussed in detail by our experienced Toronto Tax Lawyers in Part I of this case comment.
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