Mondaq Canada: Litigation, Mediation & Arbitration
McInnes Cooper
Motions for production of electronic information can be expensive, time consuming and "salt the earth".
Paterson MacDougall LLP
Sarojanie Nandlal slipped and fell on a flight of stairs at a busy transport hub in Toronto for rapid transit trains, buses, and a subway.
Borden Ladner Gervais LLP
In August 2014 the Supreme Court of Canada released its reasons in Sattva Capital Corp v. Creston Moly Corp (2014 SCC 53).
Lerners
Now that traditionally print and television-based publications are being published on the internet, courts are being asked to apply defamation law to internet publications.
Lerners
Now that traditionally print and television-based publications are being published on the internet, courts are being asked to apply defamation law to internet publications.
Lerners
Now that traditionally print and television-based publications are being published on the internet, courts are being asked to apply defamation law to internet publications.
Miller Thomson LLP
Will oil tank leak litigation be a thing of the past? Not likely, but it is interesting that in 2013 TSSA mandated that all new tanks installed must be double-walled.
McCarthy Tétrault LLP
The Supreme Court of Canada granted leave to appeal in one case, and refused leave in several other cases, likely to be of interest to Canadian businesses and professions.
Borden Ladner Gervais LLP
The Alberta Court of Appeal reaffirmed the significance of settlement privilege and did so specifically in the context of the Freedom of Information and Protection of Privacy Act.
Davis LLP
Even members of the Millennial Generation are troubled by the thought of strangers accessing the intimate details of their health histories.
Minden Gross LLP
The recent Superior Court decision in McNutt v. Draycott illustrates what can happen when an elderly person nominates a number of his adult children as his attorneys for personal care and a disagreement arises among them as to what is in their father’s best interests.
Miller Thomson LLP
A Justice of the B.C. Supreme Court has concluded that a dog owner was liable for personal injuries sustained by a cyclist.
Osler, Hoskin & Harcourt LLP
The proposed representative plaintiff was a Canadian investment fund that purchased privately-placed shares of a Chinese hog producer.
McCarthy Tétrault LLP
The Court of Appeal has set aside a decision by the Alberta Securities Commission and has held that any monetary penalties levied must be proportionate.
Willms & Shier Environmental Lawyers LLP
Jessica Ernst owns land near Rosebud, Alberta. In 2007, Ms. Ernst brought claims against EnCana Corporation, the province of Alberta and the Board.
McCarthy Tétrault LLP
The Supreme Court of Canada released judgment this week in a trilogy of cases of interest to Canadian businesses and professions.
Davies Ward Phillips & Vineberg
The Supreme Court of Canada released a trilogy of much anticipated class action decisions in Marcotte.
McCarthy Tétrault LLP
The Supreme Court dismissed appeals brought by various banks contesting the applicability of the Quebec Consumer Protection Act ("CPA") to conversion charges charged by banks of foreign currency transactions.
Lerners
A summary of Lerners' Top 5 Ontario civil appeals decisions from July and August, 2014.
Lerners
A summary of Lerners' Top 5 Ontario civil appeals decisions from July and August, 2014.
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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.
Davis LLP
On August 15, 2014, the BC Human Rights Tribunal released its decision in Ma v. Dr. Iain G.M. Cleator and another.
McMillan LLP
An innovative settlement agreement between the Bank of Nova Scotia ("Scotiabank") and a class of bank branch employees
Stringer LLP
Employers often avoid making compliance-oriented changes for fear that employees will discover their rights have been violated for years before the change.
Blake, Cassels & Graydon LLP
In a landmark decision, R. v. Spencer, the Supreme Court of Canada ruled that individuals have a reasonable expectation of privacy in Internet usage information.
Borden Ladner Gervais LLP
On August 29, 2014, the Alberta Court of Appeal released its decision in Walton v Alberta (Securities Commission), 2014 ABCA 723.
Norton Rose Fulbright Canada LLP
An Alberta court directly disagreed with Ontario decisions on the appropriate factors to consider when a non-resident defendant challenges the jurisdiction of a Canadian court.
Davis LLP
In Mustafi v All-Pitch Roofing Ltd., the Court of Appeal of Alberta analyzed when an employer is vicariously liable for the negligent driving of an employee in a company owned vehicle.
Borden Ladner Gervais LLP
Back in the good old days, Ontario courts awarded costs on two scales: party and party (costs recovered from the unsuccessful party, based on modest tariff rates), and solicitor-client (the winning side was awarded all costs reasonably incurred).
Walsh LLP
The issue of whether or not the maker of the Will (i.e. the "testator") had the mental capacity to understand the nature and effect of the Will is often raised within a Will challenge.
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