Mondaq Canada: Litigation, Mediation & Arbitration
Hull & Hull LLP
In Brown, Dale and Shackleton v. Rigsby and Shackleton, which we have previously blogged about here, attorney and estate accounting litigation was settled save for the issue of costs.
Sim, Lowman, Ashton & McKay LLP
In the context of today's Internet technology, the infringement of copyrighted works has become simplified and wide-spread, with infringers emboldened by the ability to keep their identities largely private.
Fogler, Rubinoff LLP
Investment in litigation by third parties was a taboo subject in Ontario, until relatively recently. Commercial third-party litigation funding is on the cusp of taking hold in Ontario...
McCarthy Tétrault LLP
A proposed class action has been filed after the BC government introduced amendments to the Property Transfer Tax Act to impose an additional 15% tax on the purchase of residential properties by foreign entities...
McCarthy Tétrault LLP
Can a company which provides a corporate e-mail account to a contractor, and then gets into a legal dispute with that contractor, use the contractor's emails in that corporate account in the litigation? The answer appears to be no, in certain circumstances.
McCarthy Tétrault LLP
Two companion decisions of the Supreme Court of Canada were recently released in cases included on our Appeals to Watch in 2016 list, Ferme Vi-Ber inc. v. Financière agricole du Québec, 2016 SCC 34, and Lafortune v. Financière agricole du Québec, 2016 SCC 35.
Lerners
Over the summer the Court of Appeal released decisions addressing the extent of provincial superior courts' jurisdiction over matters involving the federal Crown, a rare instance in which a proprietary remedy for unjust enrichment was upheld, clarification of the role of experts in relation to credibility, a "carriage dispute" over the right to represent class members in a securities class action, and the appropriateness of a class action for negligent misrepresentation.
Blaney McMurtry LLP
Accusations are often exchanged between the plaintiff and defence personal injury bar that medical experts used by the other side are biased.
Blaney McMurtry LLP
There were only three substantive civil decisions released this week.
Torkin Manes LLP
The meaning of the word "or" in a section of the Ontario Securities Act, R.S.O. 1990, c.S.5 is the sort of question designed for lawyers in ivory towers.
Lenczner Slaght Royce Smith Griffin LLP
In an increasingly global society, obtaining evidence from witnesses outside of a party's jurisdiction can be costly.
McCarthy Tétrault LLP
The Ontario Court of Appeal released an important decision in a securities class action that summarized the law with respect to the "robust" statutory screening mechanism which plaintiff investors must meet.
McCarthy Tétrault LLP
Both the Bankruptcy and Insolvency Act ("BIA") and the Companies' Creditors Arrangement Act stay actions and remedies as against debtors.
McCarthy Tétrault LLP
The purpose of a pre-trial conference is to provide parties with a forum to obtain an appraisal from a judge of their respective positions on the outstanding issues between them...
Blaney McMurtry LLP
It was in the US Steel CCAA proceeding in which the Court of Appeal agreed with the CCAA judge below that he did not have the jurisdiction under the CCAA to grant the remedy of equitable subordination.
Osler, Hoskin & Harcourt LLP
In its decision in Runkle v. Alberta (Chief Firearms Officer), the Alberta Court of Appeal dismissed an appeal from the Court of Queen's Bench on the basis of mootness.
Stikeman Elliott LLP
In Fantl v. Transamerica Life Canada, the Ontario Court of Appeal upheld the certification of common law negligent misrepresentation claims in an investor class action.
Osler, Hoskin & Harcourt LLP
The Ontario Court of Appeal recently confirmed the importance of defence evidence when opposing leave to bring statutory misrepresentation claims under Part XXIII.1 of the Securities Act.
McCarthy Tétrault LLP
Kelli McAllister and Renee Reichelt explore the ongoing tension in certification motions where courts are to provide a meaningful screening device but refrain from assessing the merits of the claim.
Alexander Holburn Beaudin + Lang LLP
The British Columbia Court of Appeal determined for the first time that legal costs incurred before an insured gives its insurer notice of a claim can fall within a "voluntary payments" clause in an insurance policy.
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Lerners
Some people will ask: "Can I give away my estate to whomever I want? The answer is not as simple as they may want.
Borden Ladner Gervais LLP
Can one owner of a joint bank account withdraw all of the funds for their own purposes? Does the other joint accountholder have any right to claim against the withdrawn funds?
Minden Gross LLP
A provision of the Mortgages Act that allows lenders to set aside tenancy agreements for the purpose of taking possession of real property does not conflict with the Residential Tenancies Act, 2006.
Miller Thomson LLP
An Alberta Queen's Bench Master in Chambers has summarily dismissed a claim by a son against his mother for specific performance of an oral agreement for ownership of a farm...
Barry Fisher Mediation & Arbitration
The Ontario Court of Appeal reviewed a decision in which the Plaintiff was denied his bonus because there was a provision in the bonus plan which required the employee to be " actively employed"...
Bereskin & Parr LLP
Applicants prevailed in the recent Commissioner's Decision Re Kaisha from the PAB and can now claim humanized antibodies in cases where the antigen has been well characterized...
Burnet, Duckworth & Palmer LLP
Canada is a federal country in which each of the provinces and territories has jurisdiction over arbitration-related matters in its territory.
Gowling WLG
The Chancery Court has confirmed a defendant in a professional negligence claim was entitled to its costs of, and incidental to, the claim when it was abandoned by the claimant after issue.
McCarthy Tétrault LLP
In Warner v Smith & Nephew Inc the majority of the Alberta Court of Appeal held that meeting the procedural requirements for certification trumped concerns regarding the substance of the action.
Norton Rose Fulbright Canada LLP
The patent identifies the need to develop polymers that can form thinner films with improved strength and describes that prior efforts to improve polymer material strength often resulted in a reduction in toughness.
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