Mondaq Canada: Litigation, Mediation & Arbitration
Affleck Greene McMurtry LLP
Affleck Greene McMurtry lawyers David Vaillancourt, Michael Binetti, and Fiona Campbell were co-authors of the Canada Chapter of the 11th edition of The Private Competition Enforcement Review."
Osler, Hoskin & Harcourt LLP
On June 8, 2018, the Supreme Court of Canada (the Court) rendered its decision in Montréal (Ville) v. Lonardi, 2018 SCC 29.
Strigberger Brown Armstrong LLP
This action was brought against the Village of Kaslo (B.C.) by a plaintiff who sustained damages after falling down an embankment off Water Street (an unpaved alleyway).
Osler, Hoskin & Harcourt LLP
The recent judgment of the Ontario Court of Appeal in Yip v. HSBC Holdings plc[1] provides helpful guidance on the jurisdictional limits of secondary market proceedings commenced in respect...
Goldman Sloan Nash & Haber LLP
In May, reports began to circulate about a horse from Oregon, U.S, aptly named Justice, that was suing a human for neglect.
Miller Thomson LLP
L'été dernier, la Cour suprême du Canada[1] confirmait la décision de la Cour suprême de la Colombie-Britannique[2] d'accorder une injonction interlocutoire mondiale contre Google.
Stikeman Elliott LLP
British Columbia has long been known as one of Canada's friendlier jurisdictions for class proceedings.
Stikeman Elliott LLP
It is not often that a complaint that a party was denied procedural fairness succeeds.
Bentham IMF Capital Limited
During the due diligence process, the client, counsel and funder will work together to understand the key facts and issues in the case.
Miller Thomson LLP
In Nolin v. Résidence Sainte-Claire inc.[1], Ms. Nolin ("Plaintiff") filed an action in the amount of $100,000.00 as against Residence Sainte-Claire ("Residence") ...
McCague Borlack LLP
The only decision actually released in the matter ruled the claimant was not catastrophically impaired.
McCague Borlack LLP
In seeking an order to dismiss the plaintiff's action pursuant to s. 137.1(3) of the Courts of Justice Act, McCague Borlack LLP litigators David Elmaleh and Aryeh Samuel successfully used the new Anti-SLAPP legislation...
Gluckstein Personal Injury Lawyers
The final edition of our summer safety series will focus on participating in sports. Summer is a great time for children to get out, get active and play with other children.
Miller Thomson LLP
In Canadian tort law, a duty of care requires a relationship of sufficient proximity. That relationship is informed by the foreseeability of an adverse consequence of one's actions, subject to policy reasons ...
Field LLP
Where the conduct of the insureds was in issue in the underlying actions and with respect to coverage under the policy, policy limits covered only 5% of a multimillion dollar claim and an acrimonious relationship...
Howie, Sacks & Henry
The decision by a parent to investigate the events surrounding the birth of their special needs child can be extremely difficult.
Gluckstein Personal Injury Lawyers
Canadian midwives have a very successful track record in managing low-risk births. But even these highly-educated practitioners can unintentionally cause a serious birth injury if their negligence or incompetence breaches the standards of care all Canadian patients expect.
Field LLP
Gharbi was in a motor vehicle collision while driving a Chevrolet Cruze that had been provided to him by an auto dealership, CMP Automotive, while CMP repaired his vehicle.
Field LLP
In July 2006 in the village of Paisley Ontario, the 15-year-old Plaintiff J and his 16-year-old friend C became intoxicated at C's home when they drank alcohol (some provided by C's mother) and smoked cannabis.
Field LLP
A bank customer who was defrauded when hackers accessed his email account to instruct a bank to make unauthorized wire transfers was unable to recover his money from the bank.
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Blaney McMurtry LLP
In Atos IT Solutions v Sapient Canada Inc., the Court confirmed that the "minimum performance principle" places a common law limit on expectation damages for breach of contract.
Field LLP
Alberta Courts have been busy on the topic of costs in estate litigation in the past few months
McMillan LLP
Agreements of purchase and sale ("APS") in real estate transactions typically state what happens when a party breaches its terms.
Lenczner Slaght LLP
In an age where individuals catalogue almost every aspect of their lives on some form of social media, the obligation to disclose all relevant documents in the context of civil litigation can seem both onerous and invasive.
Lenczner Slaght LLP
Given Quebec's unique civil law regime, we seldom blog about legal developments in Quebec. However, sometimes decisions of Quebec courts have broader relevance outside of Quebec...
Lenczner Slaght LLP
Settlement in multi-party litigation is to be encouraged, as confirmed by the Supreme Court of Canada in Sable Offshore Energy Inc v Ameron International Corp.
McLennan Ross LLP
Commercial litigation is almost invariably expensive and time consuming. No one should embark on commencing a lawsuit for financial damages ...
Stewart McKelvey
The Grievor suffered from osteoarthritis and Crohn's Disease.
Miller Thomson LLP
On June 15, 2018, the Supreme Court of Canada released its much-anticipated decisions in Trinity
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