Mondaq Canada: Litigation, Mediation & Arbitration
Speigel Nichols Fox LLP
Every so often, a debtor is faced with the inevitable, but holds on to any defence available, no matter how untenable it might be.
Many people encounter problems in their daily lives. Many of these problems are dealt with outside of the courts.
Davis LLP
I previously introduced the development of an international standard for electronic discovery, "ISO/IEC 27050 – Information technology – Security techniques – Electronic discovery".
Miller Thomson LLP
For expert evidence to be admissible, it must be: (a) relevant; (b) necessary to assist the trier of fact; (c) it must not be subject to any exclusionary rules; and (d) the expert must be properly qualified (R. v. Mohan).
Langlois Kronstrom Desjardins s.e.n.c.r.l.
Next fall, the rules of civil procedure in Quebec will undergo major changes with the coming into force of the new Code of Civil Procedure.
Nordheimer J. recently granted leave to appeal to the Divisional Court in Mancinelli v Barrick Gold, 2014 ONSC 7431, opening the door to some much-needed guidance in the law applicable to carriage motions.
Miller Thomson LLP
On January 22, 2015 the Ontario Court of Appeal released its reasons in the case of Gyorffy v. Drury.
The Court of Appeal, as always, finished 2014 with a flourish, releasing several important decisions.
Brian Radnoff, partner and Practice Group Leader for the Appellate Practice Group, summarizes Lerners' Top 5 Civil Appeals cases from the Ontario Court of Appeal from December 2014.
Osler, Hoskin & Harcourt LLP
However, defendants in Canada should not expect that the relatively low "some basis in fact" standard will lead to the proliferation of class actions north of the border.
Osler, Hoskin & Harcourt LLP
In her January 7, 2015 decision in 1250264 Ontario Inc. v. Pet Valu Canada Inc., Justice Pardu of the Ontario Court of Appeal refused to grant leave to file a late notice of appeal notwithstanding the facts that:
Miller Thomson LLP
When a family member dies as a result of an accident, placing a monetary value on the grief of their loved ones is a challenge.
Gowling Lafleur Henderson LLP
Lynne Watt recently spoke with the Canadian Bar Association's National magazine about the recent nominations to the court and its transition to a younger bench.
Gowling Lafleur Henderson LLP
Lynne Watt recently spoke with the Canadian Bar Association's National magazine about what made 2014 an "exceptionally important year" for Canada’s top court.
Gowling Lafleur Henderson LLP
Lynne Watt, leader of Gowlings' Supreme Court of Canada Services Group, recently spoke with the Canadian Bar Association's National magazine about what we should expect from the top court in 2015.
Blaney McMurtry LLP
Noteworthy topics covered below include abuse of process, appellate procedure, negligence and expert evidence admissibility.
Osler, Hoskin & Harcourt LLP
Last week, in 1250264 Ontario Inc. v. Pet Valu Canada, Justice Belobaba rejected class counsel's late-breaking attempts to recast the representative plaintiff's claim.
Miller Thomson LLP
If you have been injured, recovery is usually your primary focus.
Blaney McMurtry LLP
Following are the Ontario Court of Appeal Summaries for the weeks of December 22 and 29, 2014.
Osler, Hoskin & Harcourt LLP
One year ago today, the Law Commission of Ontario (LCO) released the list of issues to be considered by its Class Actions Advisory Group.
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Minden Gross LLP
A lawyer who sued her former client for $3,937.50 for unpaid legal fees has had $7,000 in costs awarded against her, and the matter has yet to reach trial.
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.)
Willms & Shier Environmental Lawyers LLP
Ontario and British Columbia have both invested heavily in infrastructure to generate inexpensive power.
Gowling Lafleur Henderson LLP
Let’s say you’re retained by a nice young couple whose home has been impacted by a spill at the gas station next door.
Millar Kreklewetz LLP
For years it was an open question as to whether or not a Canada Revenue Agency auditor owed a duty of care to a taxpayer under audit.
This month’s netletter features cases involving the test for consent to drive a car, reasonable apprehension of bias for judges and OLRB panel members, lifting the automatic stay of money judgments and how pre-judgment interest effects offers to settle.
McCarthy Tétrault LLP
Many multinational corporations have issued company-wide codes of conduct setting out baseline rules that apply to all of their global operations.
McMillan LLP
In Shirbigi v. JM Food Services Ltd. (2014 BCSC 1927), the B.C. Supreme Court found that an employer could not mask the fact that it had constructively dismissed the plaintiff simply by relocating her place of work.
Facebook pages should not be immune from the rules governing discovery. They should be treated like personal journals or diaries.
Borden Ladner Gervais LLP
On January 1, 2015, new legislation related to the calculation of prejudgment interest for non-pecuniary losses in actions arising from the use or operation of an automobile came into effect.
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