Mondaq Canada: Litigation, Mediation & Arbitration
Osler, Hoskin & Harcourt LLP
There have been a number of recent class actions commenced in Canada relating to pricing disclosure – and in particular, the alleged practice of "drip pricing".
McCarthy Tétrault LLP
Among the new tools available to ensure "proportionality" and "speediness" in proceedings, s. 234 of the CCP allows the judge to appoint one or more qualified experts to provide expert evidence...
Clark Wilson LLP
The need for a committeeship may be limited where proper advanced planning is done. Various documents may be prepared by a capable adult in the event that he or she becomes incapable.
Blaney McMurtry LLP
In response to the global recession that occurred until early 2009, the federal Department of Finance was looking to cut costs and give leadership to the public in addressing the harsh economic downturn.
Borden Ladner Gervais LLP
In Ontario, a plaintiff claiming damages arising from a motor vehicle accident ("MVA") must satisfy the statutory threshold in accordance with section 267.5(5) of the Insurance Act.
Borden Ladner Gervais LLP
The representative plaintiff advanced a claim of negligent misrepresentation.
Osler, Hoskin & Harcourt LLP
A class plaintiff must seek judicial approval for any settlement under the Class Proceedings Act, and the Court must be satisfied that the settlement is fair and reasonable and in the best interests of the class.
Miller Thomson LLP
The Ontario Court of Appeal recently revisited the issue of the deductibility of no-fault accident benefits from an award for tort damages.
McCarthy Tétrault LLP
In Warner v Smith & Nephew Inc the majority of the Alberta Court of Appeal held that meeting the procedural requirements for certification trumped concerns regarding the substance of the action.
McCague Borlack LLP
In Beckford v. Bathia, the Plaintiff sued the Defendant Bathia for damages arising from a motor vehicle accident.
Willms & Shier Environmental Lawyers LLP
Individuals and corporations considering pleading guilty and paying a small fine instead of appealing a charge should be aware of the hidden costs of their decision.
Bennett Jones LLP
No More Tears (Enough Is Enough)… Ending The Debate About Unlawful Means In Conspiracy Torts.
Dentons
In Kaynes the ONCA recently lifted a stay of a class proceeding in which the Plaintiff is seeking damages for alleged misrepresentations made to shareholders by BP.
Borden Ladner Gervais LLP
The Alberta Court of Appeal granted permission to intervene to all four entities.
Borden Ladner Gervais LLP
In its recent decision in Rooney v. ArcelorMittal S. A., the Ontario Court of Appeal clarified the scope of the civil cause of action for misrepresentations in a takeover bid circular, codified as section 131 of the Ontario Securities Act.
Norton Rose Fulbright Canada LLP
On June 24, 2016, Francis Mella was imprisoned for a term of three months as punishment for his contempt of court.
Borden Ladner Gervais LLP
The appellant commenced an action against a manufacturer for damages resulting from the implantation of the Birmingham Hip Replacement System.
Blaney McMurtry LLP
Welcome to another week of summaries of civil decisions of the Court of Appeal for Ontario.
Osler, Hoskin & Harcourt LLP
The Ontario Court of Appeal's decision in Ross-Clair v. Canada (Attorney General)is another post-Sattva instance of a dispute over the standard of review of contract interpretation. For a unanimous Court of Appeal, Justice Epstein reviewed the application judge's interpretation of a contract on the correctness standard.
McInnes Cooper
The Newfoundland and Labrador Court of Appeal recently affirmed the test for confirming a cause of action and thus resetting a limitation period under the NL Limitations Act.
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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.
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?
Osler, Hoskin & Harcourt LLP
The BC Supreme Court's recent refusal to certify a class action in Davis v British Columbia Hydro and Power Authority re-affirms that although the evidentiary threshold for certifying general causation as a common issue is not high, it is also not non-existent.
Minden Gross LLP
In this case, Dr. Chuang entered into an agreement with Toyota to build and operate a Lexus dealership in downtown Toronto.
McCarthy Tétrault LLP
Since the Supreme Court decision in Bhasin v Hrynew1 which firmly established a duty of good faith in contractual relations, the exact contours of that duty have been a fairly open question.
Hassans
On the 15 June 2016, Nigel Feetham, partner of Hassans, published an article on a judgment concerning PCC cells recently handed down by the Courts of Guernsey.
Norton Rose Fulbright Canada LLP
On June 2, 2016, the Quebec Superior Court upheld a grievance arbitrator's award in which he ruled that wearing a union button at a time when no collective bargaining was in progress contravened the collective agreement and was not automatically protected by the Charter of Human Rights and Freedoms.
Dentons
A B.C. bartender has lost his human rights complaint after he was dismissed for smoking marijuana on shift.
Borden Ladner Gervais LLP
Yangarra also amended its Statement of Claim to include an allegation of breach of duty of good faith in the performance of contractual duties.
Langlois lawyers, LLP
You are a director of a private corporation, and one of the shareholders has asked you to provide him with the minutes of the last meeting of the board of directors. Are you legally obliged to provide this document to him?
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