Mondaq Canada: Litigation, Mediation & Arbitration
Fogler, Rubinoff LLP
When it comes to evidence in digital form - we'll call it electronically stored information - there are many templates available for processes and protocols under the Sedona Principles and, in Ontario...
Miller Thomson LLP
Les municipalités jouissent d'une certaine latitude dans l'analyse de la conformité des soumissions qu'elles reçoivent dans le cadre d'appels d'offres publics.
Clyde & Co
The Quebec Court of Appeal recently overturned a Superior Court ruling and found a lawyer and his firm jointly liable to pay nearly $7 million in damages as a result of his advice given...
Gehlen Dabbs
Strata disputes can arise at any time. Conflicts can range anywhere from small matters about a bylaw dispute to larger matters such as owners suing their strata council...
Minden Gross LLP
As litigators know, the Rules of Civil Procedure provide for what is usually referred to as the "Deemed Undertaking" between parties to a lawsuit not to disclose documents gathered in the course of a lawsuit...
McCague Borlack LLP
In Canada, municipalities face liability as occupiers when plaintiffs are accidentally injured on their property. These accidents include slip and falls on icy sidewalks or motor vehicle collisions on poorly designed roads.
A 16 year old minor successfully brought an application for a declaration that she had withdrawn from parental control.
Osler, Hoskin & Harcourt LLP
In Chuang v Toyota Canada Inc. and Meridian Credit Union Limited v Baig, the Court of Appeal for Ontario dismissed motions to re-open appeals brought by unsuccessful appellants.
Borden Ladner Gervais LLP
The recent decision of Wardak v. Froom ("Wardak") provides an update on the law of social host liability in Ontario.
Osler, Hoskin & Harcourt LLP
On March 1, 2017, the Court of Appeal for Ontario adopted a new Practice Directions Concerning Civil and Criminal Appeals at the Court of Appeal.
Blaney McMurtry LLP
Following are the summaries for this week's civil decisions of the Court of Appeal for Ontario.
McCague Borlack LLP
In Alberta, occupiers owe a duty to maintain a reasonable system of maintenance and inspection to keep their premises reasonably safe for lawful visitors.
Borden Ladner Gervais LLP
The Court of Appeal for Ontario has granted leave to hear a case that concerns whether Small Claims deputy judges have jurisdiction to grant "discovery type relief".
Clyde & Co
La Cour du Québec a récemment rejeté un recours récursoire institué par un courtier immobilier contre le Fonds d'assurance responsabilité professionnelle du courtage immobilier (FARCIQ)...
Samis + Company
In MK v Dumfries Mutual, LAT adjudicator Jeanie Theoharis stated that "in arbitration hearings an Applicant's credibility is vital, particularly where there are competing medical opinions".
Blaney McMurtry LLP
On March 9, 2017, the Seventh Circuit Court of Appeals released its decision in Telamon Corporation v. Charter Oak Fire Insurance Company.
McCarthy Tétrault LLP
Is a $5 million fine a less severe punishment than a night in jail? Are hefty financial penalties for quasi-criminal or regulatory offences able to trigger the procedural protections...
Osler, Hoskin & Harcourt LLP
In Avery v. Pointes Protection Association, the Ontario Divisional Court held that when reviewing an application for leave to appeal...
Osler, Hoskin & Harcourt LLP
In R v Shafia, the Court of Appeal for Ontario refused to admit evidence proffered, for the first time on appeal, to establish that the trial court lacked jurisdiction to try an appellant...
Bereskin & Parr LLP
In 2016, the Federal government proposed changes to the rules that govern litigation, the Federal Courts issued directions for the conduct of intellectual property litigation and Canadian courts...
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Miller Thomson LLP
In Cowper-Smith v. Morgan 2016 BCCA 200, the British Columbia Court of Appeal upheld a finding of undue influence by the testatrix's daughter, despite advice from two separate lawyers.
Clyde & Co
Over the last 20 years, we've seen a steady increase in claims against corporate directors and officers (D&Os) in Canada.
Willms & Shier Environmental Lawyers LLP
This week the SCC received an application to hear an appeal of the Federal Court of Appeal ("FCA") decision in Canada (Governor General In Council) v Courtoreille ("Courtoreille").
Bennett Jones LLP
The courts have again reminded employers — and arbitrators — of the importance of a proper investigation and analysis when an employee is discovered to be using medical marijuana....
Borden Ladner Gervais LLP
This argument was rejected by the ABCA, which held that Section 43 did apply to bar Ms. Ernst' claim for Charter damages.
Blaney McMurtry LLP
Below are the summaries for this week's civil decisions of the Court of Appeal for Ontario. There were several family law decisions.
Roper Greyell LLP – Employment and Labour Lawyers
In the recent arbitration decision of Vancouver Coastal Health Authority v. Hospital Employees' Union (Termination for Non-Culpable or Innocent Absenteeism), [2016]...
McMillan LLP
The B.C. Supreme Court's recent decision in Pritchard v. Van Nes (2016 BCSC 686) serves not only as a reminder that a poster of defamatory comments on social media can be held liable for the damage caused...
Devry Smith Frank LLP
It is a commonly held belief that Ontario is the litigation capital of Canada. With more lawyers than any other province, a greater population and far larger economy, this idea is intuitive and easy to believe.
McCarthy Tétrault LLP
The coming year will see our highest court decide a host of appeals of interest to Canadian businesses and professions.
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