Mondaq Canada: Litigation, Mediation & Arbitration
McCarthy Tétrault LLP
In Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177, the BC Court of Appeal considered whether special costs can be awarded based on pre-litigation conduct.
Blaney McMurtry LLP
Following are the summaries of civil decisions for the week.
Wishart Law Firm LLP
The law is well-established that an arbitrator has no jurisdiction to hear grievances predating a collective agreement.
Lenczner Slaght Royce Smith Griffin LLP
A recent decision of the Ontario Divisional Court upheld a contractually agreed-upon limitation period and enforced it against a third party, even in circumstances where it appeared to be at odds with...
Miller Thomson LLP
The Courts have observed that Canada's Health of Animals Regulations, which are enforced by the CFIA, may sometimes operate in "draconian ways".
Miller Thomson LLP
In this case, the plaintiff, a parishioner of the defendant church, volunteered to paint the church's interior walls and ceilings.
Borden Ladner Gervais LLP
In Royal Bank of Canada v. Modo, the co-defendant, Rejert Modo entered into a Fixed Rate Conditional Sales Contract with the plaintiff, Royal Bank of Canada ("RBC")...
Borden Ladner Gervais LLP
This case means that foreign judgment creditors must act quickly to seek enforcement of judgments in Ontario.
Lerners
April saw the court release decisions dealing with termination provisions in an employment contract, the requirements for registration as a status Indian, application of the law of misnomer in an action against a trade union, forfeiture of a deposit on a commercial real estate transaction, and fiduciary duties owed within a professional partnership
McCague Borlack LLP
In Humphreys v. Tebilcock, 2017 ABCA 116, the Court of Appeal allowed the applications dismissing the Plaintiffs' claims for long delay, reversing the chambers decision of the justice below.
Borden Ladner Gervais LLP
A recent decision by the Ontario Court of Appeal has underscored the "reasonableness" standard set by the Municipal Act, 2001, S.O. 2001, c. 25, in assessing a road authority's winter...
Blaney McMurtry LLP
In a problematic and highly technical decision in Pennyfeather v. Timminco Limited, the Court of Appeal upheld the dismissal of a secondary securities market misrepresentation class action...
Borden Ladner Gervais LLP
The Quebec Court of Appeal has found the Canadian government's second attempt at creating a national capital markets regulator to be unconstitutional in its decision in...
Devry Smith Frank LLP
Legal aid is a central component of the Canadian justice system, and of justice systems elsewhere in the world. Legal aid helps those individuals who are otherwise unable to afford legal representation and access to the court system.
Gilbertson Davis LLP
It is hard to point to any single rationale for employing the resort to the federal privacy legislation, except that obtaining access to personal information is probably not one of them.
Blaney McMurtry LLP
In RSA v Intact Insurance, Ms. Wilson and her husband met with their insurance broker on February 29, 2012. Her license had been suspended on account of unpaid fines.
Bereskin & Parr LLP
In our report of the original decision, we had asked if this was RIP for the On Sale Bar, in the sense that if it no longer covered ‘secret sales', then this reduced On Sale bar adds little to the other...
Gardiner Roberts LLP
Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which resulted in a $65,000 judgement against his client.
McCague Borlack LLP
Airlines have faced increased legal, public relations and operational challenges ever since Dr. David Dao`s forcible removal from his United Airlines flight on April 9, 2017.
Blaney McMurtry LLP
An unusual story from the fine art market offers both explicit and implicit reminders of the critical importance of exercising vigilance in protecting global product identity.
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Osler, Hoskin & Harcourt LLP
A recent decision of the Federal Court of Canada may have significant implications for how commercial parties conduct themselves.
Blake, Cassels & Graydon LLP
On May 10, 2017, the Quebec Court of Appeal ruled that the proposed cooperative capital markets regulatory system is in significant respects unconstitutional, although it ruled that the federal government's...
Norton Rose Fulbright Canada LLP
With the proliferation of so-called "fake news", companies are starting to rely on third party organizations to perform a "fact checking" function in order to distinguish between legitimate news and fake news.
Devry Smith Frank LLP
Thursday following the release of the reports submitted by the officers who dragged David Dao off of a United Airlines flight, United Airlines reached a settlement with Dao.
Borden Ladner Gervais LLP
This paper summarizes selected developments in Canadian Internet law during 2016.
Blake, Cassels & Graydon LLP
On March 31, 2017, in Geophysical Service Incorporated v. NWest Energy Corp, the Court of Queen's Bench of Alberta provided clarity on the principles of relevance and materiality in the context of questioning pursuant to part 5 of the Alberta Rules of Court.
McCague Borlack LLP
Airlines have faced increased legal, public relations and operational challenges ever since Dr. David Dao`s forcible removal from his United Airlines flight on April 9, 2017.
Thompson Dorfman Sweatman LLP
"'Greenpeace' is a global fraud." So begin the allegations in the colourful preliminary statement of the Complaint filed in 2016 in the U.S. District Court in Georgia on behalf of Resolute Forest...
Blake, Cassels & Graydon LLP
Redwater Energy Corp. was a publicly listed junior oil and gas producer in Alberta that held a number of properties licensed under the OGCA and the PA.
Aitken Klee
Apotex filed a submission with Health Canada in 1988 for approval to sell a generic version of the drug trazadone.
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