Mondaq Canada: Litigation, Mediation & Arbitration
Stewart McKelvey
Both cases dealt with large awards for punitive damages and mental distress damages which were substantially reduced at their respective Courts of Appeal.
This month's Netletter features appeal decisions dealing with the Indian Residential Schools Settlement, the standard of appellate review for class actions certification decisions, notice for wrongful dismissal under a fixed-term contract, when a contingency fee agreement is terminated and the limitation period for oppression claims.
Osler, Hoskin & Harcourt LLP
The British Columbia Court of Appeal affirmed the legal test for determining the nature and character of appeals.
Torkin Manes LLP
Bike parks, skate board parks are all becoming more prevalent today. But what responsibility does a municipality have in bringing the attention of all risks to the users of these parks?
McLennan Ross LLP
The Supreme Court of Canada has granted leave in the decision of Saadati v. Moorhead, which addresses the law surrounding compensable damages for psychiatric or psychological illness.
Bennett Jones LLP
An internal investigation into a workplace accident was privileged, and thus protected from disclosure, the Alberta Court of Queen's Bench recently held in Alberta v Suncor Energy Inc.
The existence of multiple overlapping national class actions in different jurisdictions was described by the Saskatchewan court in 2011 as a "multi-jurisdictional game of class action whack-a-mole".
Osler, Hoskin & Harcourt LLP
The Ontario Court of Appeal in Mardonet v. BPO Canada LLP determined that a motions judge's order quashing a summons to a party is interlocutory, even if the summons is issued for a motion in which the party is not involved.
McCarthy Tétrault LLP
In Martel v. Kia Canada inc. 2016 QCCS 2097, Justice Chantal Tremblay of the Superior Court ruled on a motion by Plaintiffs to amend their claim after the class action was authorized.
Wishart Law Firm LLP
In his statement, Justice Gareau succinctly captured our thoughts and frustration with the wording of our shiny new Anti-SLAPP legislation in Ontario.
Cassels Brock
In its recent appeal decision in Ramdath v. George Brown College of Applied Arts and Technology, the Ontario Court of Appeal provided clarity on section 24 of Ontario's Class Proceedings Act.
Borden Ladner Gervais LLP
The Ontario Court of Appeal has upheld the Trial Judge's decision in Campbell v. Bruce (County), 2015 ONSC 230.
Blaney McMurtry LLP
Topics covered by the Court of Appeal this week included medmal (limitation periods and need for expert evidence on standard of care and causation), the standard of proof of misconduct in police disciplinary hearings...
Osler, Hoskin & Harcourt LLP
In his April 21, 2016 decision in Parsons v. The Canadian Red Cross Society, Justice Perrell of the Ontario Superior Court refused to allow an intervenor to participate in a motion concerning the distribution of an approved settlement.
Borden Ladner Gervais LLP
Financial institutions often operate both nationally and internationally. Due to this common feature of business, such institutions may be the subject of multi-jurisdictional class actions.
Roper Greyell LLP – Employment and Labour Lawyers
An Ontario arbitrator has ruled that an investigation report prepared by a lawyer is not covered by solicitor-client or litigation privilege as a matter of right.
McCarthy Tétrault LLP
A defendant in a prospective class action may save considerable time and money if their motion for summary judgment is determined prior to a plaintiff's application for certification.
LawPRO has made civil litigation its immediate priority as it seeks to avoid a flood of new claims when new automatic dismissal rules kick in at the beginning of 2017.
On April 1, all disputes regarding accident benefits began wending their way to the Licensing Appeals Tribunal.
Norton Rose Fulbright Canada LLP
The Hague Convention on Choice of Court Agreements might achieve for litigation what the New York Convention managed for arbitration.
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Bull, Housser & Tupper LLP
On April 14, 2016, the Supreme Court of Canada issued its decision in the highly anticipated case of Daniels v Canada (Indian Affairs and Northern Development) ("Daniels") following years of litigation.
Torkin Manes LLP
The recent Ontario Court of Appeal decision in Holland v. Hostopia. com confirms with authority that employment contracts signed after commencement of employment will not be binding against the employee in significant respects.
Osler, Hoskin & Harcourt LLP
On April 20, 2016 the Alberta Court of Queen's Bench released Geophysical Service Incorporated v Encana Corporation, 2016 ABQB 230, following a common issues trial involving a broad representation of oil and gas industry participants.
Borden Ladner Gervais LLP
Complete indemnification for solicitor-client costs is rare, however, this was the recent award granted by the Alberta Court of Queen's Bench in Pillar Resource Services Inc v Primewest Energy Inc, 2016 ABQB 120.
Minden Gross LLP
Litigation lawyer Matt Maurer published "No photos! Court rules against landlord's access to photograph property" in Real Estate Magazine Online on April 13, 2016.
Norton Rose Fulbright Canada LLP
There is a growing body of arbitral jurisprudence upholding summary dismissal of employees who breached workplace codes of conduct, confidentiality and privacy policies by deliberately snooping into co-worker or client records without any legitimate purpose and for reasons of their own.
McCarthy Tétrault LLP
On April 19, 2016, the Ontario Court of Appeal released its decision in Iroquois Falls Power Corporation v. Ontario Electricity Financial Corporation.
Borden Ladner Gervais LLP
The Payment Card Industry Data Security Standards (PCI DSS) are a contractual standard for protection of data about payment cards issued by major card brands including Visa, MasterCard and American Express.
McMillan LLP
The B.C. Supreme Court's recent decision in Pritchard v. Van Nes (2016 BCSC 686) serves not only as a reminder that a poster of defamatory comments on social media can be held liable for the damage caused...
Cox & Palmer
Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers.
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