Mondaq Canada: Litigation, Mediation & Arbitration
Affleck Greene McMurtry LLP
On June 8, 2017, the Supreme Court of Canada denied leave to appeal from a decision of the Ontario Court of Appeal in Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP ...
Miller Thomson LLP
Miller Thomson LLP
In the May 5, 2017 decision of Biancaniello v. DMCT LLP, the Ontario Court of Appeal considered whether a release operated to bar a claim even though the claim was unanticipated and...
Torkin Manes LLP
Once a judge has allowed expert evidence to be admitted at trial, is the Court's "gatekeeper function" at an end?
Blake, Cassels & Graydon LLP
The Blakes Arbitration group has a well-deserved reputation for effective, efficient and practical dispute resolution to shield you from risk and navigate complex situations.
Stikeman Elliott LLP
July 1, 2017 is not only Canada's 150th birthday -- it is also marks three years since Canada's Anti-Spam Legislation (CASL) has been in force.
Devry Smith Frank LLP
The information on the lasting impact of concussions is slowly making its way to the forefront of society. For example, in 2015, a critically-acclaimed movie aptly entitled "Concussions" stared actors such as Will Smith and Alec Baldwin.
McCarthy Tétrault LLP
In Teva v. Pfizer Canada, 2017 FC 526, the Federal Court reaffirmed and reissued a judgment awarding Teva a section 8 damages award in excess of $125 million relating to the drug EFFEXOR XR® (venlafaxine).
Davies Ward Phillips & Vineberg
Since its implementation in July 2014, CASL, has continued to generate a fair amount of controversy due to its broad application and the availability of significant administrative monetary penalties.
Miller Thomson LLP
The Supreme Court of Canada has found an injured claimant does not need to have a diagnosed psychological/psychiatric injury in order to recover for a mental injury sustained in an accident.
Miller Thomson LLP
Have you lost a family member in a motor vehicle accident or because of faulty medical care? In this post, we explain 6 things you need to know about wrongful death claims in Alberta.
Gowling WLG
A unanimous decision of the Supreme Court in Saadati v. Moorhead1 released on June 2, 2017, clarified the law on the requirements for proof of mental injury in tort cases.
Goodmans LLP
The balance of the legislation remains in force, and businesses must comply with it, pending an upcoming parliamentary review of CASL.
Gowling WLG
A unanimous decision of the Supreme Court released on June 2, 2017, filled a void in tort law when the Court stated that proof of a recognized psychiatric injury is no longer a precondition for...
Blaney McMurtry LLP
Following are the summaries for this week's civil decisions of the Court of Appeal for Ontario.
Businesses that find themselves in disputes are facing a pressure to decide which avenue is best suited to manage the conflict.
Goldman Sloan Nash & Haber LLP
More specifically the provisions relating to a private right of action and class actions will not be brought into force on July 1, 2017.
Bennett Jones LLP
By way of an Order in Council dated June 2, 2017, the government of Canada has indefinitely delayed the coming into force of the private right of action under Canada's Anti-Spam Law (CASL).
Miller Thomson LLP
By an Order in Council released June 7, 2017, the federal government has suspended the private right of action under Canada's Anti-Spam Legislation (or "CASL").
WeirFoulds LLP
CASL generally provides that commercial electronic messages cannot be sent by organizations unless express or implied consent exists.
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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...
Osler, Hoskin & Harcourt LLP
A recent decision of the Federal Court of Canada may have significant implications for how commercial parties conduct themselves.
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.
McCarthy Tétrault LLP
Eli Lilly v Canada is the first final patent law decision in international investment arbitration brought under Chapter 11 of the North American Free Trade Agreement ("NAFTA").
McInnes Cooper
On June 2, 2017, the Supreme Court of Canada decided that where a plaintiff advances a claim for negligently caused psychological or psychiatric injury, it is generally sufficient the pleadings allege...
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...
Gowling WLG
The Pierringer or proportionate share agreement[1] continues to be recognized by the courts as a valuable tool for encouraging settlement in multi-party litigation.
McCarthy Tétrault LLP
Licenses and easements are not the same thing! Depending on the rights you wish to convey, there is an important distinction between the two, which was recently highlighted in an Ontario Court of Appeal case.
Torkin Manes LLP
There is no doubt that the parties to an insurance contract owe one another a duty of good faith. But does this include a positive duty on the insurer to advise the insured about a limitation period?
Miller Thomson LLP
You are likely getting a flurry of emails asking you to provide the sender CASL (Canada's anti-spam legislation) consent.
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