Mondaq Canada: Litigation, Mediation & Arbitration
WeirFoulds LLP
The case of Opara v. Opara provides an example of hotly contested estate litigation involving a disappointed family member who will take the matter to a disproportionate level in an attempt to avoid dismissal of his litigation.
Minden Gross LLP
The recent decision of the Court of Appeal in Fordham v. The Municipality of Dutton-Dunwich provides some useful guidance on the duty of a municipality to maintain its roads, and particularly signage, for the safety of its citizens.
Davis LLP
In this article, Davis LLP's Brendan Clancy canvasses recent caselaw on the rule in Browne v. Dunn.
Cassels Brock
Should class counsel rush to the courthouse with skeletal pleadings, or invest time and money in preparing a comprehensive claim?
Stewart McKelvey
Nova Scotia’s new Limitation of Actions Act, SNS 2014, c 35 received Royal Assent on November 20, 2014, but has not yet been proclaimed into force.
McCarthy Tétrault LLP
The Ontario Court of Appeal seized an opportunity to revisit its recent jurisprudence regarding status hearings.
Torkin Manes LLP
Sometimes legal proceedings can be an important part of a survivor’s healing journey. As a civil lawyer, I am often asked by clients whether it is better to pursue criminal charges or a civil lawsuit.
Blaney McMurtry LLP
Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal).
Osler, Hoskin & Harcourt LLP
Sharpe J.A. of the Ontario Court of Appeal did not accept the respondents’ submissions that he should decline to hear an application for leave to appeal a CCAA decision.
McCarthy Tétrault LLP
The Ontario Court of Appeal has allowed three civil appeals on the basis of reasonable apprehension of bias in the last few months.
Osler, Hoskin & Harcourt LLP
A continuing theme this year relates to the approach by the courts to awarding legal costs to a successful party.
Osler, Hoskin & Harcourt LLP
Bill 52, the Protection of Public Participation Act, 2014 (the Bill), was re-introduced by Attorney General of Ontario Madeleine Meilleur on December 1, 2014.
Blake, Cassels & Graydon LLP
In Alberta, the Fair Practices Regulation imposes an obligation on insurers to notify claimants of a pending limitation period.
McCarthy Tétrault LLP
The Ontario Superior Court of Justice forcefully adopted the Supreme Court of Canada’s new credo for summary judgment articulated in Hyrniak v Maudlin.
Borden Ladner Gervais LLP
Amendments to the Ontario Rules of Civil Procedure taking effect January 1, 2015 will significantly extend the period of time before an action will be administratively dismissed for delay. The former 2-year rule will become a 5-year rule – and plaintiffs will no longer receive notice of an impending dismissal.
Norton Rose Fulbright Canada LLP
Is specific performance, rather than damages, available to a party to a put/call agreement?
Osler, Hoskin & Harcourt LLP
For defendants, success is often bittersweet due to the costs of mounting a defence and the reputational harm caused by the plaintiff’s allegations.
Osler, Hoskin & Harcourt LLP
Before the Chambers judge, both parties applied for exclusive possession of their family home.
Osler, Hoskin & Harcourt LLP
I need not wrestle with that point here because, as will become evident, Mr. Peet’s arguments with respect to delay fail even if the standard of review is correctness.
Osler, Hoskin & Harcourt LLP
The case emerged from a complicated condominium dispute, where the contractual relationship between the parties included a contract with an arbitration clause.
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Stewart McKelvey
The Supreme Court of Canada’s unanimous decision in Bhasin v Hrynew, 2014 SCC 71 has been making headlines since its release last week. The case is big news in the legal and business worlds because it creates a duty of honest contractual performance that is new to Canadian common law. (It also seeks to clarify how good faith fits into the law of contract.)
Torkin Manes LLP
The Supreme Court of Canada has held that the common law imposes a duty on parties to a contract to perform their obligations honestly.
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.
McMillan LLP
As of mid 2014, an estimated 15.8 million Canadians still read newspaper content weekly and almost 10 million of those exclusively choose the print edition.
Stewart McKelvey
In what we believe to be a first in Canada, a unionized employee has been disciplined for inappropriate twitter comments. The employer’s decision to discharge the employee was set aside in favour of a three-day unpaid suspension.
Lerners
This month's netletter includes decisions regarding estate litigation, a lawyer's priority to funds held as security, the latitude a judge has in drawing factual conclusions, how aboriginal heritage intersects with the best interests of a child in apprehension cases and dismissal for delay.
Blaney McMurtry LLP
It has been almost 18 years since a Conservative government implemented Ontario’s third major tort reform automobile compensation system.
McCarthy Tétrault LLP
A recent ruling of the British Columbia Court of Appeal, A & G Investments Inc. v. 0915630 B.C. Ltd., 2014 BCCA 425, provides a useful primer on the available mechanisms for bringing a contract to an end.
Stewart McKelvey
Entertainment and IT contracts are often full of uncertain promises about future possibilities – such as exercise of options, working together on various manifestations of an entertainment or IT property, serving in various capacities if a project moves ahead, co-producing/developing if certain financing and other factors are satisfied, etc.
Affleck Greene McMurtry LLP
Canadian businessman John Bennett appeared in a US court last week after his extradition to the US to face bid-rigging, fraud, conspiracy, and kick-back charges.
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