Mondaq Canada: Litigation, Mediation & Arbitration
Borden Ladner Gervais LLP
In the recent decision of Bowles v. Hillson, the Ontario Superior Court again considered when it is appropriate to extend the two-year limitation period for adding a defendant to a claim.
Clyde & Co
Ontario's international commercial arbitration regime recently received a welcome makeover, bringing some much needed clarity and modernisation to its governing legislation.
Langlois lawyers, LLP
The Quebec Court of Appeal has reminded us that caution is in order when it comes to ruling on motions to dismiss at the interlocutory stage, even where a precedent would appear to predetermine the outcome of the proceeding.
Blaney McMurtry LLP
Following are the summaries for this week's civil decisions of the Court of Appeal for Ontario.
Gardiner Roberts LLP
The Ontario Small Claims Court is often referred to as the "People's Court". The colloquial title has even been adopted by Ontario's Ministry of the Attorney General.
Minden Gross LLP
Recently I published a blog post in which I reflected on lack of preparation on the part of parties and their counsel as a serious impediment to settlement at mediation.
Alexander Holburn Beaudin + Lang LLP
I have defended various kinds of professionals who have found themselves on the wrong side of a defamation action.
Lawson Lundell LLP
On April 19, 2017, in Humphreys v Trebilcock, 2017 ABCA 116, the Alberta Court of Appeal set out six "essential" questions that an adjudicator must ask in order to apply Rule 4.31, the "chronic delay" rule.
Clyde & Co
Bien que la prudence soit de mise dans ce type de situation, la Cour supérieure a récemment rejeté la demande introductive d'instance re-re-re-re modifiée contre un ingénieur pour abus de procédure.
Blaney McMurtry LLP
There were several important civil decisions released this week.
Pallett Valo LLP
The first cases to be decided under new legislation in Ontario designed to curtail defamation claims on matters of "public interest" have begun to be released by the Courts.
Stewart McKelvey
A fundamental principle of our legal system is that all parties to a dispute should be given the opportunity to be heard.
McCarthy Tétrault LLP
These tools should be considered by parties seeking enforcement in Ontario.
Gardiner Roberts LLP
Readers may recall that in R. v. Comeau, 2016 NBPC 3 in which we are acting for M. Comeau, the New Brunswick provincial court dismissed the charges against M. Comeau under s. 134(1)(b) of the Liquor Control Act...
Osler, Hoskin & Harcourt LLP
In R v. Perkins, the Court of Appeal for Ontario held that it did not have the jurisdiction to re-open a sentence appeal that had been heard on the merits.
Torkin Manes LLP
A recent decision of the Ontario Court of Appeal has now clarified the standard of review where an appellate Court considers the lower Court's interpretation of a contract.
McMillan LLP
The Civil Resolution Tribunal (the "CRT") is a unique online forum to address disputes in British Columbia. The CRT first began hearing strata disputes in July 2016 and is now poised to implement its second phase by introducing small claims disputes up to $5,000 beginning on June 1, 2017.
McCarthy Tétrault LLP
On March 20, 2017, the Province of British Columbia announced significant changes to the jurisdiction of the Civil Resolution Tribunal (CRT) and Provincial Court to address small claims court matters.
Stewart McKelvey
The Supreme Court of Canada recently declined to hear an appeal from the Ontario Court of Appeal decision in Campbell v Bruce (County), 2016 ONCA 371.
Thompson Dorfman Sweatman LLP
By way of a five-four split decision, the Supreme Court of Canada judgment issued November 4, 2016 in City of Edmonton v. Edmonton East (Capilano) Shopping Centres Ltd., made those appeals that much tougher.
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Howie, Sacks & Henry
Life altering accidents can happen in an instant, but their effects can last months, years or a lifetime.
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.
Rotfleisch & Samulovitch P.C.
Rectification is a remedy that can be sought when a legal document fails to reflect the intent of the parties to that document.
Affleck Greene McMurtry LLP
VW recently employed a quick settlement strategy to deal with the fallout from its admission, in September 2015, that it had installed software to cheat on emissions tests on 11 million diesel powered VW and Audi vehicles.
Cox & Palmer
Tudor Sales Ltd. (Re), 2017 BCSC 119 is a case from British Columbia that dealt with whether shareholder loans, as a non-arm's length transaction, are properly characterized as debt, or as equity.
Blake, Cassels & Graydon LLP
On March 27, 2017, in an unprecedented decision, the Provincial Court of British Columbia ruled in R. v. DeSautel to recognize the aboriginal rights of a First Nation whose members reside in the United States ...
Gardiner Roberts LLP
The recent decision of Hon. Justice Wendy Matheson of the Ontario Superior Court of Justice in Wardak v. Froom, 2017 ONSC 1166 has certainly caused a media sensation and sent tongues wagging on talk radio.
Borden Ladner Gervais LLP
When a transaction fails to close without any acceptable justification, it is generally accepted that the purchaser's deposit is forfeited.
PP and DD were set up by a mutual friend in the spring of 2014. They dated for several weeks, during which time PP understood that DD was using birth control and did not intend to conceive a child.
Howie, Sacks & Henry
At 15 years old, Valerie Lord was one of 309 passengers and crew aboard Air France Flight 358 from Paris to Toronto on August 2, 2005.
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