Mondaq Canada: Litigation, Mediation & Arbitration
Blake, Cassels & Graydon LLP
The B.C. Supreme Court in Clark v. Energy Brands Inc. refused to certify a proposed class proceeding in relation to the labelling and marketing of vitaminwater® beverages.
Osler, Hoskin & Harcourt LLP
Section 133(b) of Ontario’s Courts of Justice Act states that leave to appeal is required "where the appeal is only as to costs that are in the discretion of the court that made the order for costs."
Osler, Hoskin & Harcourt LLP
The test for an extension of time to serve and file a late Notice of Appeal in Ontario is well-established in the case law.
McCarthy Tétrault LLP
Can electronic surveillance conducted in the context of a criminal investigation be disclosed to a plaintiff in a class action?
Stewart McKelvey
It’s safe to say that "stare decisis" is one of the most common Latin phrases in law (and that’s saying something).
It is not unusual for one of the parties to a mediated settlement to change their mind a few days or even weeks after a settlement has been negotiated at mediation.
Blaney McMurtry LLP
Topics include: calculation of damages in the motor vehicle accident context, application of principles of contractual interpretation, and others.
Stikeman Elliott LLP
On September 19, the Supreme Court of Canada released a trilogy of decisions, which ruled on the application of sections 12 and 272 of the Quebec Consumer Protection Act to financial institutions issuing credit cards in Quebec.
Stikeman Elliott LLP
Alberta’s Court of Queen’s Bench in Harrison v. XL Foods Inc. permitted meat processor XL Foods Inc. to third-party the CFIA with respect to a class action negligence claim over an E. coli outbreak.
McCarthy Tétrault LLP
The Supreme Court this week issued a number of leave-to-appeal rulings likely to be of interest to Canadian businesses and professionals.
Stewart McKelvey
It would be forgivable to suffer from "access to justice fatigue" when every day seems to bring a new report or statistic highlighting the crisis afflicting the Canadian legal system.
Stewart McKelvey
Information gleaned from wiretap authorizations can be disclosed in Quebec civil proceedings, after the Supreme Court’s decision in Imperial Oil v Jacques, 2014 SCC 66.
Gall Legge Grant & Munroe LLP
It is a summer of discontent for BC legal aid lawyers, a number of whom have threatened service withdrawal to protest underfunding.
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.
Mark J. Freiman summarizes Lerners' Top 5 Civil Appeals cases from the Court of Appeal from September 2014.
Norton Rose Fulbright Canada LLP
Wiretap evidence obtained in a criminal investigation by the Competition Bureau may be disclosed for purposes of a class action alleging anticompetitive practices according to the Supreme Court of Canada.
Bennett Jones LLP
Canadian civil plaintiffs can now access wiretaps collected by authorities in the context of criminal investigations.
Gowling Lafleur Henderson LLP
In what circumstances can statistical evidence be used to support a finding of aggregate damages in a class action?
Moodie Mair Walker LLP
Section 265 of the Ontario Insurance Act provides coverage for injuries caused by accidents involving uninsured and unidentified drivers.
The initial euphoria of buying a property can be quickly deflated by the finding of a serious defect after you move in.
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McMillan LLP
The British Columbia Supreme Court flatly rejected in Sam v. British Columbia that Tsilhqot'in had created a legal duty on the Crown to negotiate in good faith.
Blake, Cassels & Graydon LLP
In a landmark decision, R. v. Spencer, the Supreme Court of Canada ruled that individuals have a reasonable expectation of privacy in Internet usage information.
Davis LLP
Even members of the Millennial Generation are troubled by the thought of strangers accessing the intimate details of their health histories.
Davis LLP
The Supreme Court of Canada ruled that Quebec’s consumer protection legislation is applicable to federally regulated banks such that it provides the basis for consumer class actions.
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.
McInnes Cooper
The decision makes it clear that there are limits to both what a person can leave her money for and to whom she leaves it.
Paterson MacDougall LLP
Sarojanie Nandlal slipped and fell on a flight of stairs at a busy transport hub in Toronto for rapid transit trains, buses, and a subway.
Borden Ladner Gervais LLP
To a certain degree, contract disputes are inevitable during the life of an organization. What effect does a particular clause have?
Foster & Company
Avelino Fernandes owned a brick laying business. As he was not able to receive EI or Worker’s Compensation benefits, Fernandes bought himself disability insurance.
McLennan Ross LLP
In Canadian Natural Resources Limited v. ShawCor Ltd., 2014 ABCA 289, the Court of Appeal outlined a new approach to claims of privilege over documents.
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