Mondaq Canada: Litigation, Mediation & Arbitration
Bereskin & Parr LLP
The Court overruled the 2016 application decision of Justice Annis, in which he had held that a memo jointly prepared by counsel for the parties to an acquisition was not privileged.
McCague Borlack LLP
Mitigation is a common law doctrine based on fairness and common sense.
Clyde & Co
Dans une décision récente, la Cour Supérieure du Québec a rejeté une action en diffamation contre une avocate pratiquant à Montréal, poursuivie par l'ex-conjoint d'une ancienne cliente.
Borden Ladner Gervais LLP
In Mars Canada Inc. v. Bemco Cash & Carry Inc., the Ontario Court of Appeal upheld a finding granted on summary judgment that the appellants had breached their settlement agreements ...
Miller Thomson LLP
The Ontario Court of Appeal has recently determined the priority of insurance policies when insurers structure their policies to include low limits on a primary policy and larger limits on...
Affleck Greene McMurtry LLP
The Ontario Superior Court of Justice dismissed a $1.4 billion class action against The Beer Store, a chain of stores owned by 30 Ontario-based brewers
Samis + Company
In Dunk v. Kremer, the 18 year old Plaintiff (Respondent at Appeal) was injured in a motor vehicle accident and suffered a tibia fracture and right talus bone fracture requiring surgery.
Goodmans LLP
The Federal Court of Appeal, in Iggillis Holdings Inc. et al. v. Minister of National Revenue, has overturned a lower court decision that had called into question the application of "common interest privilege"...
Stikeman Elliott LLP
The Federal Court of Appeal has affirmed that "deal privilege" will continue to protect the sharing of legal advice among parties to a commercial transaction – even where the parties are on opposite sides of the deal.
While retaining experts is commonplace in civil litigation, counsel are not always aware of who the expert has worked with, behind the scenes, to compile research or prepare analyses...
Blaney McMurtry LLP
Following are summaries of this week's civil decisions of the Court of Appeal for Ontario. There were some interesting decisions.
Clyde & Co
Des documents privilégiés qui ont été saisis au domicile et à la place d'affaires de deux personnes soupçonnées d'avoir commis un délit d'initié devront leur être retournés par l'Autorité des marchés financiers.
Borden Ladner Gervais LLP
A collective sigh of relief reverberated across the tax and corporate law bar when, on March 6, 2018, the Federal Court of Appeal released its reasons in Iggillis Holdings Inc. v Canada...
Borden Ladner Gervais LLP
​The Federal Court of Appeal in IGGillis Holdings Inc. v. Canada (National Revenue) has ended the uncertainty it had created in previous decisions ...
Borden Ladner Gervais LLP
In the recent decision of Schwoob v Bayer Inc. 2018 ONSC 166, the plaintiffs brought a motion for pre-discovery production of 120 million pages of documents in the possession of the foreign U.S. ...
Norton Rose Fulbright Canada LLP
On March 6, 2018, the Federal Court of Appeal reversed the decision of the Federal Court of Canada in Iggillis Holdings Inc v Canada (National Revenue).
Osler, Hoskin & Harcourt LLP
The Law Commission of Ontario (LCO) just released its first consultation paper on class actions [PDF], and launched a province-wide consultation process for its Class Actions: Objectives...
Minden Gross LLP
In the recent case of Heller v. Uber Technologies Inc., the Court dealt with a case in which Mr. Heller, an Uber food delivery driver, attempted to bring a class action on behalf of all Uber drivers against Uber.
Blaney McMurtry LLP
Below are this week's Court of Appeal summaries. Topics included security for costs, bankruptcy and insolvency, family law, real property & condo law, as well as several procedural decisions.
Affleck Greene McMurtry LLP
The Ontario Superior Court of Justice awarded carriage of a class action into alleged price-fixing of packaged bread to a consortium of law firms including Affleck Greene McMurtry LLP.
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Borden Ladner Gervais LLP
In 2017, Canadian courts released an unusually large number of decisions affecting the energy industry directly.
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.
Bereskin & Parr LLP
The Patent Act and the Patented Medicines (Notice of Compliance) Regulations were significantly amended to comply with Canada's obligations under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA).
On August 1, 2018 (maybe) the federal government's plan to legalize recreational marijuana will come into effect and no doubt, employers will be faced with questions about how to manage weed in the workplace.
Blake, Cassels & Graydon LLP
Cryptocurrency is evolving and with that, a plethora of legal issues are likely to arise.
Roper Greyell LLP – Employment and Labour Lawyers
More than a year after the merits of Ms. McCue's complaint were heard, the B.C. Human Rights Tribunal (the "Tribunal") has dismissed this case in its entirety.
Miller Thomson LLP
Unfortunately, we see the odd bad apple in our civil and criminal dispute resolution practice involving the Canada Revenue Agency (CRA).
A man who requested that a municipal pool and fitness facility provide him with a "young, hot female trainer like" (name redacted), was not discriminated against because of a physical or mental disability when the facility banned him.
Howie, Sacks & Henry
The #MeToo and #TimesUp movement has brought long-awaited attention to a problem our society has buried for far too long.
Gardiner Roberts LLP
The #MeToo movement has started a revolution. No longer are women, in particular, afraid to speak about incidents in which they have been sexually assaulted or harassed.
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