Mondaq Canada: Litigation, Mediation & Arbitration > Trials & Appeals & Compensation
Clark Wilson LLP
The recent Ontario Court of Appeal decision in Quaggiotto v Quaggiotto, 2019 ONCA 107 ("Quaggiotto") helps to clarify the level of knowledge courts expect a will-maker
Bereskin & Parr LLP
If one were to have asked the question whether pre-trial injunctive relief for patent infringement is available in Canada, the practical answer for some years has been "no".
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.
Aird & Berlis LLP
Contained in the multitude of changes under Bill 108, the More Homes, More Choices Act, 2019, introduced for First Reading on May 2, 2019, is a seemingly small change to the Education Act that may have significant implications on the expropriation activities of school boards across the province.
Bennett Jones LLP
The Competition Bureau's updated Abuse of Dominance Enforcement Guidelines expressly provide, for the first time, that a party's compliance with a statutory or regulatory requirement
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,
CLC (Canadian Litigation Counsel)
In a recent case from the Ontario Superior Court of Justice from September 25, 2018, the Court held that "car surfing" is an ordinary and well-known activity of a vehicle such that statutory accident benefits coverage was afford for a resulting injury.
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
Fasken
On May 2, 2019, in R. v. Desautel, 2019 BCCA 151, the British Columbia Court of Appeal found that "aboriginal peoples of Canada" in s. 35 of the Constitution Act, 1982 should be broadly interpreted to include ...
Strigberger Brown Armstrong LLP
In Kaplan v. Casino Rama, released May 7, 2019, Justice Belobaba dismissed the plaintiffs' motion to certify a class action arising from the 2016 cyber-attack on Casino Rama.
Strigberger Brown Armstrong LLP
The recent decision by the Court of Appeal in clarifies the developing concept of individuals' privacy rights.
Strigberger Brown Armstrong LLP
The Federal Court recently released the decision of Black & White Merchandising Co. Ltd. v. Deltrans International Shipping Corporation.
Bereskin & Parr LLP
Last September, before the new world of legalized recreational cannabis had opened-up in Canada, we reported on the state of IP litigation in the cannabis industry.
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
Theall Group LLP
The insured has a duty to cooperate with defence counsel appointed by his insurer. The Ontario Court of Appeal recently reconfirmed that this duty to cooperate is not subject to a standard of perfection.
Lawson Lundell LLP
Earlier this month, the B.C. Court of Appeal rendered its decision in West Van Holdings Ltd. v. Economical Mutual Insurance Company.
Strigberger Brown Armstrong LLP
Can an Ontario insurer treat an automobile policy as being void ab initio and deny a claim in its entirety as a result?
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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)
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...
Dentons
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.
Fasken
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.
Blaney McMurtry LLP
In Alectra Utilities Corporation v. Solar Power Network Inc, the Court confirmed that where a contract contains an arbitration clause that expressly denies the possibility of appeal
Watson Goepel LLP
One of the features of the new Joint Action Plan was the provision for additional compensation to truckers beginning on a stated date.
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