Mondaq Canada: Litigation, Mediation & Arbitration
Borden Ladner Gervais LLP
On the subsequent motion to address the costs to be awarded to the successful defendants, the Bank sought roughly $1 million in costs.
Rueters LLP
Complex commercial litigation often involves evidence from witnesses in multiple jurisdictions.
Blaney McMurtry LLP
Before we get to this week's summaries of the civil decisions of the Court of Appeal for Ontario, I would like to invite all of our readers to attend the CLE that my partner...
Miller Thomson LLP
Wagg motions refer to motions for the production of police or Crown documents. They are referred to as Wagg motions because of the case of D.P. v. Wagg ("Wagg") ...
Torys LLP
In First Nation of Nacho Nyak Dun et al. v. Government of Yukon,1 the Supreme Court of Canada (SCC) emphasized that "[r]econciliation often demands judicial forbearance," and in that respect ...
WeirFoulds LLP
In Yip v. HSBC Holdings plc, a decision released on November 20, 2017, Justice Perell awarded partial indemnity costs of $1 million to defendants that had succeeded
Devry Smith Frank LLP
Ontario's courts will see some updates over the coming years, but the one that catches the attention of everyone however, seems to be the introduction of Wi-Fi into the buildings, by 2019.
Howie, Sacks & Henry
The president of the Canadian Hernia Society, Dr. John Morrison, has been spreading word of an "epidemic" of mesh-related complications he has been witnessing for the past few years.
Borden Ladner Gervais LLP
The defendant Nevsun Resources Inc. ("Nevsun") is a B.C. mining company that entered into a joint venture with Eritrean state companies to develop and operate the Bisha gold mine near Asmara, Eritrea.
Torkin Manes LLP
In an action for negligence, a plaintiff may make a claim for mental injury resulting from the defendant's conduct.
Blaney McMurtry LLP
On October 27, 2017 the Supreme Court of Canada released its long-awaited decision in Teva Canada Ltd. v. TD Canada Trust.
Blaney McMurtry LLP
Below are this week's summaries of the civil decisions of the Court of Appeal.
CLC (Canadian Litigation Counsel)
Multi-party litigation is complex and Plaintiffs must exercise due diligence when ascertaining the identity of potential Defendants as soon as possible to avoid the expiry of limitation periods. The Alberta Court of Queen's Bench recently confirmed this in Condominium Corp. 0610078 v. Pointe of View Condominiums (Prestwick) Inc., 2016 ABQB 609.
Bennett Jones LLP
In the latest chapter in the seismic-related litigation brought by Geophysical Services Incorporated (GSI)...
Borden Ladner Gervais LLP
As litigants continue to experience delayed access to justice occasioned by a backlogged judicial system, Canadian courts continue the struggle to protect the legitimacy of commercial arbitration...
Borden Ladner Gervais LLP
In the recent decision of House v. Baird, the Ontario Court of Appeal upheld a trial judge's decision to dismiss an action against a lower tier municipality based on the defences available...
Norton Rose Fulbright Canada LLP
The Alberta Court of Appeal recently provided a clear reminder to legal counsel: applicants must carefully adhere to their duties of candour and full disclosure when bringing applications...
Blake, Cassels & Graydon LLP
In Inc. v. Yates, the B.C. Supreme Court upheld an application by the defendants to stay legal proceedings in favour of arbitration, despite the fact that the defendants themselves...
Devry Smith Frank LLP
Third party litigation financing presently plays a role in class actions and personal injury cases in Canada. ATE insurance is increasingly common for plaintiffs to obtain in pursuing a personal injury case.
Osler, Hoskin & Harcourt LLP
The Ontario Court of Appeal recently released a decision cautioning that partial summary judgment may become a rarity in Ontario. In Butera v Chown, Cairns LLP, 2017 ONCA 783...
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Blaney McMurtry LLP
As a Brit, educated at an all-girls' grammar school, grammar and punctuation were very important, the pinnacle of punctuation marks being the comma.
Rogers Partners LLP
Offers to settle can take a wide range of forms and can involve a variety of terms.
Devry Smith Frank LLP
There is a lot of confusion when it comes to renting property in Ontario with pets. Many Ontarians believe it is illegal for tenants to discriminate against pet owners and that landlords cannot reject potential tenants for their pets.
Affleck Greene McMurtry LLP
A proposed shareholder class action against HSBC Holdings plc was recently stopped in its tracks by the Ontario Superior Court due to a lack of jurisdiction.
Bennett Jones LLP
Two recent copyright infringement disputes involved the rare intersection of intellectual property with real property.
Field LLP
The Alberta Court of Queen's Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor.
Edwards, Kenny & Bray LLP
In British Columbia, the right to sue on a debtor's failure to repay a loan is generally limited to a two year period following the date the debtor defaults on that loan, thanks to the provisions...
Devry Smith Frank LLP
The tools for resolving disputes under the Condominium Act, 1998 (the "Condo Act") were mandatory private mediation-arbitration and the courts.
Burnet, Duckworth & Palmer LLP
In Ktunaxa Nation v British Columbia (Ktunaxa), 2017 SCC 54, the Supreme Court of Canada (the SCC) recently considered two constitutional rights in the context of land resource development...
Bennett Jones LLP
The Supreme Court of Canada's fall term begins on October 2.
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