Mondaq Canada: Litigation, Mediation & Arbitration
Willms & Shier Environmental Lawyers LLP
On April 4, 2019, the Supreme Court of Canada denied the Ecuadorian plaintiffs leave to appeal from an Ontario Court of Appeal decision. By denying leave, the Supreme Court ended the Ecuadorians' pursuit to enforce, through Chevron Canada Limited,
Torkin Manes LLP
When Ontario's Limitations Act, 2002 came into force in 2004, the Courts made serious efforts to ensure that the new two-year limitation period for most lawsuits was uniformally enforced.
Blaney McMurtry LLP
Here are this week's summaries of the civil decisions of the Court of Appeal for Ontario.
McCarthy Tétrault LLP
When a proposed class action is settled before certification, the parties often apply to certify the action for the purpose of settlement.
Bennett Jones LLP
On May 2, 2019, the Supreme Court of Canada denied leave to appeal from the Ontario Court of Appeal's decision in Lavender v Miller Bernstein LLP, 2018 ONCA 729.
Torys LLP
When can two years take more than 24 months? In Ontario, in the limitations context, a two-year limitation period is not always two years.
Affleck Greene McMurtry LLP
The sealed court files related to applications brought for the appointment of their estate trustees.
WeirFoulds LLP
The plaintiff sued the defendants for professional negligence. The tax lawyer moved for summary judgment of the claims against him.
WeirFoulds LLP
In this global marketplace, where business across borders has become commonplace, it is to be expected that some parties to a business dispute that is litigated in Ontario,
McCarthy Tétrault LLP
TELUS Communications Inc. v. Wellman, 2019 SCC 19, is a significant — if narrow — victory for freedom of contract, and for a disciplined approach to statutory interpretation. By a 5-4 majority,
Lawson Lundell LLP
On April 25, 2019, the Federal Court of Appeal issued its decision in a longstanding patent dispute in the oil patch regarding hydraulic fracturing technology
Borden Ladner Gervais LLP
BLG client Globalive Capital Inc. recently had a significant win at the Court of Appeal, which dismissed The Catalyst Capital Group's appeal in The Catalyst Capital Group Inc. v. VimpelCom Ltd.
Lawson Lundell LLP
Publication (communication of defamatory material to someone other than the plaintiff) is an essential element in a defamation claim
Affleck Greene McMurtry LLP
In a close, 5-4 decision, the Supreme Court of Canada recently reinforced the primacy of arbitration agreements.
Gluckstein Personal Injury Lawyers
In a recent CBC article, "As fewer patients sue their doctor, the rate of winning malpractice suits is dropping too", a medical malpractice claimant was interviewed about the uphill battle of pursuing his case.
McCarthy Tétrault LLP
On March 14, 2019, the ICSID released Working Paper #2 (an update to the original proposal for amendments to the ICSID Rules)
In July 2005, Litostroj executed two identical subcontracting contracts with Ideal for the design, production, installation, and activation of the generators.
WeirFoulds LLP
On July 17, 2007, a pipeline leak was discovered by ISH Energy Ltd. ("ISH").
Howie, Sacks & Henry
Renée Vinett presented this paper at the 32nd Annual North American Brain Injury Society's Conference on Legal Issues in Brain Injury
Blake, Cassels & Graydon LLP
In Opinion 1/17 (CETA Ruling) on the Comprehensive Economic and Trade Agreement (CETA), the ECJ ruled that the investment protections under CETA, signed by Canada and the European Union, are compatible with EU law.
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Blaney McMurtry LLP
Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for failure to comply with disclosure order)
McCarthy Tétrault LLP
Late last week, the NYAG filed a law suit in the Supreme Court of the State of New York against Exxon alleging that Exxon violated, among other things, the securities fraud provisions of a 1921 New York statute...
Gowling WLG
On October 23, 2018, the Government of Canada announced the next steps in its climate action plan and reaffirmed its commitment to apply a federal carbon pricing system (the "Federal Backstop")...
Clark Wilson LLP
The case of Gully v Gully, 2018 BCSC 1590 provides useful insight on a peril of putting property into joint tenancy. The decision illustrates the importance of considering the financial status...
Is it possible for a party not named in an insurance policy to be entitled to insurance proceeds under that policy?
Blaney McMurtry LLP
In Hughes v. Liquor Control Board of Ontario, the Court affirmed a motion judge's dismissal of a proposed class action against the LCBO stemming from an agreement between the LCBO and Brewer's
Clark Wilson LLP
Covenants to insure are common in commercial leases and construction contracts.
Blaney McMurtry LLP
Below are summaries of the civil decisions released by the Court of Appeal for Ontario this week.
The facts giving rise to this claim stem from a simple utility pole, belonging to Bell Canada, to which transmission lines were attached.
Clark Wilson LLP
In a recent Ontario decision, Charbonneau v. Intact Insurance Company, 2018 ONSC 5660, the insured made a claim for statutory accident benefits.
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