Mondaq Canada: Litigation, Mediation & Arbitration
Howie, Sacks & Henry
Canadian winters have a very interesting dual effect: they simultaneously push people indoors and outdoors.
Langlois lawyers, LLP
This Fall, the Superior Court of Quebec rendered a decision against Yahoo! Inc. and Yahoo! Canada Co. ("Yahoo!")...
Samis + Company
In Grieves v. Parsons, the Plaintiff was injured in a motorcycle accident on July 24, 2012.
WeirFoulds LLP
In the April, 2017 case of Deslaurier Custom Cabinets v. 1728106 Ontario Inc., 2017 ONCA 293, the Ontario Court of Appeal had occasion to revisit an issue that it had previously dealt with in the same case...
Lerners
The Top 5 this month deal with a successful oppression action brought by a court-appointed monitor, the limitation period for claims for wrongful dismissal and severance pay, an order for Crown wardship, ...
Blaney McMurtry LLP
Below are this week's summaries of the civil decisions of the Court of Appeal.
Bennett Jones LLP
On July 5, 2017, the Ontario Superior Court of Justice released a 129-page decision in the Rana Plaza class action (Das v George Weston Limited, 2017 ONSC 4129), a proposed class action brought in Ontario ...
Borden Ladner Gervais LLP
On August 30, 2017 the Supreme Court of Newfoundland and Labrador dismissed an application by the province under Sections 14 and 34(2)(a)(iii) of the Arbitration Act.
WeirFoulds LLP
WeirFoulds partner Nikiforos Iatrou and associate Anastasija Sumakova contributed to the Winter 2018 issue of Today's General Counsel with their article, "Mandatory Arbitration Isn't Always Mandatory in Canada".
Gowling WLG
The Supreme Court of Canada recently denied leave to appeal in respect of the Alberta Court of Appeal's decision in 852819 Alberta Ltd v Sovereign General Insurance Company, 2017 ABCA 76 ...
Miller Thomson LLP
The Tax Court of Canada has decided a recent trio of cases, each involving the entitlement to the clergy residence deduction by rabbis teaching at religious day schools
Rogers Partners LLP
In the recent trial decision of Costerus v. Kitchener (City), 2017 ONSC 6030, the City of Kitchener was held to be grossly negligent for failing to clear its sidewalks of ice, upon which the plaintiff slipped and injured herself.
McCarthy Tétrault LLP
Rule 334.3 requires leave of the Federal Court for discontinuances of class actions. All but one of the Defendants consented to the discontinuance
Gowling WLG
The Supreme Court of Canada will hand down rulings in a number of closely watched cases in 2018 — including Williams Lake Indian Band...
Rogers Partners LLP
The plaintiff's success on the negligence issues was short lived.
Rogers Partners LLP
On appeal, the plaintiff argued that liability should have been found on the municipality.
Blaney McMurtry LLP
Beginning in 2005, Mr. Stokker and Ms. Storoschuk were in a romantic relationship. Throughout their relationship, the parties were involved in a number of business transactions.
Gowling WLG
This article summarizes the 10 most important Supreme Court of Canada decisions from 2017, as selected by Gowling WLG's Supreme Court of Canada Services Group.
Lerners
In a recent decision, Wakulich v. Niagara Peninsula Conservation Authority, 2017 ONSC 6435, Justice T. Maddalena clarified the ability of a party to a proceeding under the Provincial Offences Act ...
Blake, Cassels & Graydon LLP
The Supreme Court of Canada (SCC) recently dismissed leave to appeal from the Alberta Court of Appeal decision in Humphreys v. Trebilcock (Humphreys) ...
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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.
Blaney McMurtry LLP
This was a busy week for the Court of Appeal. Topics covered included family law, wrongful dismissal, wills and estates, insurance coverage, tort liability of employees, workplace safety, police liability, ...
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.
Stikeman Elliott LLP
Supreme Court deals blow to choice of forum provisions in consumer contracts
Field LLP
In July 2012, Rosenberg convinced Larizza to sell her house, quit her job and move in with him.
Lerners
To assist in getting into the holiday spirit, the Court of Appeal's decisions from November cover a festive potpourri of subjects: procedural fairness on certification motions, the procedural fairness implications when a matter is decided on a basis that was not pleaded, the court's jurisdiction to vary a child support order …
Aird & Berlis LLP
The Supreme Court of Canada published an important judgment on December 8, 2017, concerning whether or not Canadians have the right to expect that their texting conversations will remain private. Interestingly ...
McMillan LLP
Vendors and purchasers in real estate transactions should not assume that, just because a deposit is high, a court will grant relief from forfeiture, even if the vendor suffers no actual damages as a result of the purchaser's failure to close the transaction.
Borden Ladner Gervais LLP
The decision of the Court is the latest in a line of authority severely restricting the ability of parties to correct mistakes through rectification.
Field LLP
As this was an application to define the insurer's duty to defend, all parties agreed that the only evidence relevant was the Statement of Claim and the insurance policy.
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