Mondaq Canada: Litigation, Mediation & Arbitration
Borden Ladner Gervais LLP
A recent decision of an Alberta court in Lafarge Canada Inc. v Edmonton (City) confirms that a party choosing to commence an action in the face of a valid agreement to arbitrate runs the risk of being left without a remedy.
Lerners
The Court of Appeal released several interesting and important decisions in March. The Court continued to provide guidance on the use and availability of expert evidence, particularly in the case of non-party experts.
Norton Rose Fulbright Canada LLP
The Ontario Court of Appeal recently clarified the long-standing issue of whether defence counsel must disclose the existence of surveillance prior to trial.
Osler, Hoskin & Harcourt LLP
This decision may impact the number and nature of class actions asserted against public authorities and may attract the attention of the Supreme Court of Canada.
Lerners
Brian Radnoff, partner at Lerners LLP, talks about the issues that people may want to consider when thinking about suing for defamatory statements made over the internet.
McCarthy Tétrault LLP
Since our last post, the Supreme Court has released a number of significant decisions, including a decision about the standard of review applicable to statutory appeals and the test for civil contempt.
McCarthy Tétrault LLP
Theratechnologies may offer some insight to practitioners and market participants alike who are anxiously awaiting guidance from the Court on the proper interpretation of the leave test.
Lerners
The Court of Appeal released several interesting and important decisions in March.
Blaney McMurtry LLP
Below are summaries of this week’s OCA civil decisions (non-criminal).
Stikeman Elliott LLP
On April 17, 2015, the Supreme Court of Canada released its decision in Theratechnologies inc. v. 121851 Canada inc., the first case to consider the authorization of a secondary market class action under the provisions of the Quebec Securities Act that came into force in 2007.
Borden Ladner Gervais LLP
On April 17, 2015, the Supreme Court released its decision in TheratechnologiesInc. v. 121851 Canada Inc., 2015 SCC 18: (http://canlii.ca/t/gh76z) addressing two important issues in secondary market disclosure actions.
Borden Ladner Gervais LLP
Carey v. Laiken 2015 SCC 17 a recent Supreme Court of Canada decision, found a lawyer in contempt of court for returning funds to his client that were subject to a Mareva freezing injunction.
McCarthy Tétrault LLP
Between the late 1980s and 2006, the Federal Government made a series of regulations prohibiting imports of honeybees from the United States.
Minden Gross LLP
In a recent defamation decision, the plaintiff spent nearly $550,000 on legal fees only to recover a $10,000 judgment.
Bennett Jones LLP
Both cases were filed by the same law firm and concerned the same allegations related to system access fees charged to owners of cellular phones.
Cox & Palmer
Mediation is a powerful tool for tackling private disputes of all kinds, particularly where privacy is preferred and the parties need a viable continuing relationship.
Bennett Jones LLP
In University of Calgary v JR, 2015 ABCA 118, the Alberta Court of Appeal strongly affirmed the central importance of solicitor-client privilege to the proper functioning of the legal system.
Stikeman Elliott LLP
Alan D'Silva and Alexandra Urbanski were successful in obtaining leave to intervene on behalf of the Canadian insurers, through the Insurance Bureau of Canada, in the highly anticipated Supreme Court of Canada case of Goodwin, et al. v. British Columbia (Superintendent of Motor Vehicles), et al. dealing with the constitutionality of provincial roadside breathalyzer laws.
Blaney McMurtry LLP
Hello everyone. We apologize for the delay in posting last week’s Ontario Court of Appeal Summaries, but the Court’s website was down on Friday afternoon and over the weekend and therefore the links to the decisions were not functioning.
Stewart McKelvey
An uninsured driver strikes another vehicle, injuring its occupants.
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Janes Freedman Kyle Law Corporation
In 2014 there were over twenty court decisions across Canada related to the duty of federal, provincial and territorial governments to consult with and accommodate First Nations.
Clark Wilson LLP
In PCL Constructors Canada Inc. and Flynn Canada Ltd. v. Allianz Global Risks US Insurance Company et. al. 2014 ONSC 7480, the Ontario Superior Court made this bold statement...
Borden Ladner Gervais LLP
On January 30, 2015, the Supreme Court of Canada issued a landmark decision, holding that the right to strike is constitutionally protected.
Borden Ladner Gervais LLP
The arbitrator's decision is consistent with prior jurisprudence and the case law which places a very high evidentiary bar on employee drug testing.
Smart & Biggar/Fetherstonhaugh
For many years now, interlocutory injunction orders have been few and far between in IP cases in Canada’s Federal Court.
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.)
Blake, Cassels & Graydon LLP
In the late 1990s, the Alberta government made amendments to the Electric Utilities Act in order to fully deregulate the Alberta electricity generation market.
Borden Ladner Gervais LLP
As we noted in our earlier blog post, in December 2013, the AER received an application for a vertical compulsory pooling.
Stringer LLP
A recent case from the Human Rights Tribunal of Ontario provides guidance to employers on the extent of the duty to accommodate.
Gowling Lafleur Henderson LLP
A Standard Mortgage Clause is a common element of insurance policies in respect of mortgaged real property.
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