Mondaq Canada: Litigation, Mediation & Arbitration
McLennan Ross LLP
Alberta Courts may continue to take into account informal settlement offers made "without prejudice" and not in compliance with the Alberta Rules of Court ("Rules")...
Osler, Hoskin & Harcourt LLP
In an appeal before the Saskatchewan Court of Appeal, can a prospective appellant introduce fresh evidence in support of an application for leave to appeal?
McCarthy Tétrault LLP
When will seeking injunctive relief against a non-party amount to abuse of process? At what stage in a proceeding should that determination be made?
Lette & Associés S.E.N.C.R.L.
Même lorsque les tribunaux n'ont pas juridiction sur le fond, les tribunaux de certaines juridictions néanmoins ont le pouvoir d'ordonner des mesures provisoires ou conservatoires telles que, inter alia, des injonctions interlocutoires, des ordonnances Anton Pillar et des saisies avant jugement.
Lette & Associés S.E.N.C.R.L.
Even where courts have no jurisdiction over the merits, courts, in some jurisdictions, will nonetheless have the power to grant provisional or conservatory measures such as, inter alia, interlocutory injunctions, Anton Pillar orders and seizures before judgment.
Alexander Holburn Beaudin + Lang LLP
The British Columbia Court of Appeal recently found a cyclist to be solely at fault for an accident occurring when the cyclist attempted to pass a motor vehicle on the right.
Osler, Hoskin & Harcourt LLP
Does an appellant's deceit preclude her from obtaining the Court's indulgence in granting an extension of time to file appeal books and factum?
Osler, Hoskin & Harcourt LLP
In the wake of media coverage surrounding the emissions results for certain of Volkswagen's diesel engines, which reports have spawned numerous court and regulatory proceedings in multiple jurisdictions, more than 10 different class actions have recently been commenced in Canada (including 4 in Ontario).
Blaney McMurtry LLP
The Ontario Court of Appeal only released two substantive civil decisions this week, and many more endorsements and criminal law decisions.
Stikeman Elliott LLP
In a landmark decision, the Supreme Court of Canada has held that the Ontario Superior Court of Justice has jurisdiction to hear an enforcement action on a multi-billion dollar Ecuadorian judgment against both Chevron, a U.S. corporation with no presence in Ontario, and Chevron Canada, a seventh-level indirect subsidiary of Chevron that was not party to the Ecuadorian action.
McCarthy Tétrault LLP
There has been a longstanding dispute, or at least uncertainty, about the limitation period for third party claims for contribution in Alberta stemming back over 40 years or so, despite numerous efforts of the courts and the Alberta legislature to remedy it.
Stikeman Elliott LLP
In its unanimous decision in Carioca's Import & Export Inc. v. Canadian Pacific Railway Ltd., the Ontario Court of Appeal overturned the motion judge's decision...
Bennett Jones LLP
An internal investigation into whistleblower allegations was privileged, thus protected from disclosure, the Alberta Court of Queen's Bench recently held in Talisman Energy Inc v Flo-Dynamics...
Minden Gross LLP
The recent decision of the Ontario Superior Court in Trimmeliti v. Blue Mountain Resorts Limited is a useful reminder of the difficulty that an injured skier will face in suing a ski resort for a personal injury incurred on the slopes.
Minden Gross LLP
A Superior Court Judge has tossed out a Small Claims Court judgment for a long list of reasons which primarily involve the inappropriate manner in which the trial judge dealt with the self-represented defendant throughout the course of the trial.
Borden Ladner Gervais LLP
The Judicial Panel on Multidistrict Litigation consolidated lawsuits regarding the breach in the Minnesota court.
Osler, Hoskin & Harcourt LLP
The Supreme Court of Canada has confirmed that the test for leave to pursue a statutory claim for secondary market misrepresentation is "more than a speed bump."
Canadian courts have consistently held that individuals should expect to be governed by the laws of the state(s) in which they live or conduct business - it is the individual's decision to operate in another country that subjects him or her to the application of foreign law.
Langlois Kronstrom Desjardins s.e.n.c.r.l.
In 2011, the Quebec class action was authorized by the Superior Court of Quebec.
Gowling Lafleur Henderson LLP
It should be noted that product liability cases are governed by specific rules favourable to the buyers and users.
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Dentons (Canada)
In October 2013, Mr. Betts stopped reporting for work, claiming he was disabled due to illness, being a further incident of depression and anxiety.
Miller Thomson LLP
The applicant, Evangeline Dagg, was living in a conjugal relationship with Stephen Cameron at the time of his death.
Minden Gross LLP
The recent decision of the Ontario Superior Court in Trimmeliti v. Blue Mountain Resorts Limited is a useful reminder of the difficulty that an injured skier will face in suing a ski resort for a personal injury incurred on the slopes.
Norton Rose Fulbright Canada LLP
Probationary periods serve an important role in ensuring that employers hire the right person for the job, but what are an employer's legal obligations when terminating a probationary employee?
Torkin Manes LLP
"Wavier of liability agreements" are commonly referred to as waivers. Waivers are intended to protect parties from liability.
Stringer LLP
Disability management is a challenging issue for HR professionals. An employee with a disability may require an extended absence from work due to their medical condition.
Thompson Dorfman Sweatman LLP
On September 4, 2015, the Supreme Court of Canada released its long-awaited decision in the case of Chevron Corporation v. Yaiguaje.
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.)
Stringer LLP
In April of 2009, a little known law called the Apology Act (the "Act") entered into force.
Bennett Jones LLP
Over a decade had passed since Ellen Simonetti, dubbed the "Queen of the Sky" was fired by Delta Air Lines after her infamous "Diary of a Dysfunctional Flight Attendant" blog.
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