Mondaq Canada: Litigation, Mediation & Arbitration
Blaney McMurtry LLP
Below are this week's Court of Appeal summaries. Topics covered this week included family law (equalization of pension and child abduction), slip and falls, false arrest ...
Lerners
Among civil litigators, 2015 was the "year of the expert," with multiple decisions from the appellate courts on various issues related to expert evidence.
WeirFoulds LLP
In the recent decision Trade Capital Finance Corp. v Cook, the Ontario Court of Appeal considered a claim of a non-party creditor over the defendant's funds that were subject to a Mareva injunction.
Babin Bessner Spry LLP
In last week's post, we highlighted the trend in favour of certification of undisclosed fees class actions which was recently continued by the British Columbia Court of Appeal's decision ...
Field LLP
Labour and Material Payment ("L&M") Bonds are commonly issued in the construction industry to ensure that subcontractors and suppliers working on construction projects get paid.
McCague Borlack LLP
They are governed by provincial statutes.
Norton Rose Fulbright Canada LLP
The Revised Protocol establishes best practices by which multi-jurisdictional class actions may be coordinated among courts in circumstances that do not involve settlements.
Lerners
Two recent decisions arising out of the same case, Niagara Peninsula Conservation Authority v. Smith, provide some important judicial guidance ...
Lerners
Second, it encourages the bar to take on the defence of such actions even if the defendant will not likely be able to pay for them.
Bennett Jones LLP
Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors?
McCarthy Tétrault LLP
The doctrine of proprietary estoppel can enforce a promise to transfer real property to a person who acts to his or her detriment based on the promise.
McInnes Cooper
It remains to be seen just how, and even if, a mandatory injunction could be ordered outside of an application for a judgment.
Bennett Jones LLP
An important pre-trial remedy in cases of fraud is the Mareva injunction, now more commonly called a "freezing order".
McCague Borlack LLP
In recent years, there have been a number of developments in the law which have resulted in escalating damage awards...
Lerners
In September 2017, The Action Group on Access to Justice (TAG) undertook a comprehensive study of Ontario millennials in an effort to better understand their legal needs and their perceptions of the justice system.
Babin Bessner Spry LLP
Undisclosed fees charged by financial institutions and other perceived "deep pocket" organizations have attracted class actions across Canada and the U.S. throughout the past few years.
Babin Bessner Spry LLP
In our October 16, 2017 blog post, we summarized a decision by Justice Epstein of the Ontario Court of Appeal (in chambers), in Yaiguaje v. Chevron Corporation...
Langlois lawyers, LLP
On January 29th, in the course of interlocutory proceedings in connection with a class action filed against Amaya for making false or misleading statements on the secondary market ...
Blaney McMurtry LLP
Michele Warner, for the respondent, the Person in Charge of the Centre for Addiction and Mental Health
Samis + Company
In Rolley v. MacDonell, the defendant brought a motion for leave to rely on surveillance video recordings as substantive evidence. Three rounds of surveillance were carried out over a period of one year.
Most Popular Recent Articles
Borden Ladner Gervais LLP
In 2017, Canadian courts released an unusually large number of decisions affecting the energy industry directly.
Blake, Cassels & Graydon LLP
Cryptocurrency is evolving and with that, a plethora of legal issues are likely to arise.
Osler, Hoskin & Harcourt LLP
In a significant decision on December 20, 2017, the Supreme Court of Canada provided important guidance on the scope of responsibility of auditors in Canada.
McMillan LLP
McMillan LLP's Intellectual Property group welcomes readers into 2018. Our gift is a "top 10 list" of trademark cases from Canadian case law from 2017.
McInnes Cooper
Over the past 15 years, most of the Supreme Court of Canada's decisions respecting Indigenous Peoples in Canada have revolved around the Crown's duty of consultation.
Blaney McMurtry LLP
The Supreme Court of Canada clearly came down on the side of favouring freedom of the press and expression over the importance of protecting the privacy rights of victims of crime.
Samis + Company
In Persampieri v. Hobbs, the Plaintiff was rear-ended by the Defendant and brought a tort claim for damages. Following a two week trial, the jury awarded net damages of $20,414.83.
Blaney McMurtry LLP
The appellants, Shirley and Roland Houle, appealed from the order of Justice Paul Perrell of the Superior Court of Justice dated August 29, 2017.
Roper Greyell LLP – Employment and Labour Lawyers
This article focuses on the Alberta Court of Appeal's recent decision in Suncor Energy Inc. v. Unifor, Local 707A, 2017 ABCA 313.
Adair Goldblatt Bieber LLP
2017 saw the 40th anniversary of the Ontario Court of Appeal's seminal decision in Fine's Flowers but proved an otherwise unremarkable year in the law of insurance broker's negligence. Here is a look at three notable decisions in Canada and other commonwealth countries.
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