Mondaq Canada: Litigation, Mediation & Arbitration
Lerners
The press reported that former Roman Catholic priest and Oblate missionary Eric Dejaeger has been convicted on 24 of 80 sex-related charges involving Inuit children.
Lerners
Defamation law continues to be in the news, with actions recently being threatened or commenced against municipal and provincial politicians in Ontario.
Miller Thomson LLP
There is an interesting decision recently out of Orangeville arising out of a residential fuel oil spill. The case is Thornhill v. Highland, a decision of Mr. Justice Edwards.
Osler, Hoskin & Harcourt LLP
The Superior Court of Quebec held that the lack of steps taken by the petitioner to identify the class members evidences his inability to represent them adequately.
McCarthy Tétrault LLP
Followers of Canadian class actions law will have longer to wait for a decision in the much anticipated appeal from the decision in Meeking v. Cash Store Inc. et al.
McInnes Cooper
Effective October 1, 2014, the New Brunswick Rules of Court will change – some Rules for the first time since they came into effect in 1982
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.
Blaney McMurtry LLP
Topics in this week’s decisions include punitive damages for bad faith claims in the insurance context, summary judgment, and an interesting estates law decision.
Davis LLP
Ms. Wakelam sought to bring a class proceeding on behalf of all residents in B.C. who purchased over-the-counter children’s cough medicine.
Bennett Jones LLP
The Ontario Legislature has clarified how the three-year limitation period under the Ontario Securities Act applicable to secondary market class actions should be applied.
McCarthy Tétrault LLP
Class Actions in Quebec: Notes for Non-Residents, written by McCarthy Tétrault counsel and noted class actions author Shaun Finn, is an accessible, easy-to-read book.
Osler, Hoskin & Harcourt LLP
A recent decision denying certification of a proposed class action includes some noteworthy comments regarding the preferable procedure requirement.
Borden Ladner Gervais LLP
In Sattva Capital Corp v Creston Moly Corp, the Supreme Court has reaffirmed Canada’s longstanding pro-arbitration stance.
Borden Ladner Gervais LLP
The plaintiff was convicted of murder in 1972. He protested his innocence over the next several decades.
Davis LLP
In Sattva Capital Corp. v. Creston Moly Corp., the Supreme Court of Canada considered the law surrounding contractual interpretation in Canada.
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.
Borden Ladner Gervais LLP
On September 4, 2014, the Supreme Court of Canada dismissed the plaintiffs’ motion for leave to appeal in Wakelam v. Wyeth Consumer Healthcare.
Blaney McMurtry LLP
Today’s edition of OCA Summaries includes decisions in the following areas: family law, child welfare, abuse of process in a solicitor’s negligence case.
McCarthy Tétrault LLP
The Supreme Court of Canada yesterday refused the plaintiff’s application for leave to appeal a decertification decision in Wakelam v. Wyeth et al.
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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.
Borden Ladner Gervais LLP
The July 8 2014 acquittal of Rengam Rajaratnam in New York District Court ended a long streak of insider trading convictions in that jurisdiction.
Davis LLP
On August 15, 2014, the BC Human Rights Tribunal released its decision in Ma v. Dr. Iain G.M. Cleator and another.
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.
McCarthy Tétrault LLP
In the world of contractual interpretation, the decision of the Supreme Court of Canada in Sattva Capital Corp. v. Creston Moly Corp. is a blockbuster.
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.
Miller Thomson LLP
Unfortunately e-filing Defences is currently not available.
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).
Blaney McMurtry LLP
Yet another light week for the Court of Appeal.
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