Mondaq Canada: Litigation, Mediation & Arbitration
McLennan Ross LLP
On December 17, 2014 the Justice Statutes Amendment Act, 2014, SA 2014 c 13 received Royal Assent.
Blaney McMurtry LLP
The Ontario Court of Appeal issued an important decision on February 17, 2015, regarding the disclosure of surveillance.
Blaney McMurtry LLP
Hello everyone. Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal).
Stikeman Elliott LLP
The B.C. Court of Appeal unanimously overturned an order certifying a class proceeding against the manufacturers of the weight-loss drug sibutramine.
Code Hunter Wittmann
The Ontario Court of Appeal has reaffirmed the propriety of effective consultation between counsel and expert witnesses.
Minden Gross LLP
In this post, rather than discussing a recent case, I thought it might be useful to provide observations on an aspect of the mediation process based on my training and recent experience conducting mediations in commercial disputes. In particular, I would like to address the role of lawyers in managing their clients’ expressions of anger or high emotion.
Top 5 Civil Appeals From The Court of Appeal (February 2015)
Lerners Appeal Netletter Video Companion - February 2015
Norton Rose Fulbright Canada LLP
The Supreme Court of Canada recently struck down sections of the federal terrorist financing and money laundering law because it violated solicitor-client privilege.
In its recently released decision in Charlton v. Abbott Laboratories, Ltd., the British Columbia Court of Appeal overturned the certification of a pharmaceutical products liability class action lawsuit.
Osler, Hoskin & Harcourt LLP
It is common practice for defendants to enter into settlement negotiations with plaintiffs’ counsel before a proposed class action is authorized or certified.
Borden Ladner Gervais LLP
Weaver v. Corcoran, 2015 BCSC 165, involved a dispute over a series of National Post articles (published in both print and online) about global warming.
Lawson Lundell LLP
On January 27, the British Columbia Court of Appeal dismissed the appeal in Bea v. The Owners Strata Plan, LMS 2138, 2015 BCCA 31, upholding the lower court’s decision finding the Plaintiff and her husband in contempt of Court and granting the extraordinary relief that the Plaintiff’s strata unit (the "Unit") be seized and sold by the respondent (the "Owners").
Gowling Lafleur Henderson LLP
On Feb. 2, 2015, the Ontario Divisional Court rejected Joseph Groia’s appeal of professional misconduct findings that have been the subject of much discussion and debate in legal and business circles across Canada.
Bennett Jones LLP
In a decision released on Friday, the Supreme Court of Canada has recognized a new principle of fundamental justice: a lawyer’s duty of commitment to the client’s cause.
Saxe Law Office
The first decade of Dianne Saxe’s professional life was devoted to energy/transportation policy and regulation, not litigation.
Blaney McMurtry LLP
Hello again to everyone. Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal).
Gowling Lafleur Henderson LLP
The most important change to the Act resolves a serious problem that arose as a result of the decision of the Alberta Court of Appeal in Arcelormittal Tubular Products Roman S.A. v Fluor Canada Ltd. et. al, 2013 ABCA 279.
McCarthy Tétrault LLP
The Ontario Court of Appeal has put to rest any notion that the practice of consultation between counsel and expert witnesses to review draft reports is improper.
Saxe Law Office
The chill on communications between lawyers and experts about draft opinions is over.
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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.
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.)
Langlois Kronstrom Desjardins s.e.n.c.r.l.
Is there a distinction in civil law between the concepts of "best efforts" and "reasonable efforts"? Many lawyers have had this discussion when negotiating various commercial agreements.
Cox & Palmer
It can be surprisingly difficult for an employer to rely on statements such as "I quit" to establish that an employee resigned, particularly if the employee later indicates that they want to return to work.
Speigel Nichols Fox LLP
Your client tells you his story of a dispute with his business partner, gives you a 40-page agreement, refers you to three lines in, say, paragraph 42(1)(ii) of it.
Jones Day
Accordingly, L.B. 1161 remains intact and the former governor's approval of the permit stands.
Dentons (Canada)
Employers who have bona fide reasons for dismissing an employee should avoid using "not the right fit". They should also show up at Ontario Labour Relations Board hearings.
Minden Gross LLP
The recent decision of the Ontario Court of Appeal in O’Dowda v. Halpenny et al. is a useful reminder of the duties of contractors, subcontractors, architects and engineers who take part in the design and construction of buildings.
Miller Thomson LLP
Law is full of its share of misconceptions. For instance, many people talk about a "rule of thumb" that provides that a terminated employee is entitled to one month per year of employment.
McCarthy Tétrault LLP
It is part and parcel of a retail employee’s job to interact with customers and assist them in making purchases.
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