Mondaq Canada: Litigation, Mediation & Arbitration
Borden Ladner Gervais LLP
The Supreme Court of Canada recently upheld the Court of Appeal's decision for the authorization of a class action on sexual assault in L'Oratoire Saint-Joseph du Mont-Royal v. J.J., 2019 SCC 35.
Field LLP
Tsatsi v College of Physicians and Surgeons of Saskatchewan, 2018 SKCA 53, held that a physician's defamation claim against his regulator
Gowling WLG
One of the distinguishing features of litigation in England and Wales is the process of disclosure, whereby the parties to a claim must identify and make available to each other documents that help their own case...
WeirFoulds LLP
The Supreme Court of Canada recently weighed in on the doctrines of knowing assistance and corporate attribution when it overturned the majority decision of the Ontario Court of Appeal...
Borden Ladner Gervais LLP
In February 2019, the Alberta Court of Appeal released three decisions on the Drop Dead Rule: Delver v Gladue, 2019 ABCA 54 [Delver], Thiessen v Corbiell, 2019 ABCA 56 [Thiessen]
Rogers Partners LLP
In May 2019, the Ontario Superior Court of Justice released its decision in Ali v. Smart REIT, 2019 ONSC 2824, granting the defendants' request for summary judgment against the plaintiff who tripped on a curb leading to the entrance of a shopping plaza.
Rogers Partners LLP
Over five years after its release, it seems almost trite to say that the Supreme Court's decision in Hryniak v. Mauldin was intended to facilitate efficiencies and cost-effectiveness in the adjudication of civil matters ...
Borden Ladner Gervais LLP
Mr. Drummond was injured when he tripped over a skateboard in a shopping mall that was managed by Cadillac Fairview. He started an occupier's liability action against the defendant
Rogers Partners LLP
The responsibility given to school boards and teachers for ensuring the safety of all students on school premises is a cornerstone of our educational system.
Affleck Greene McMurtry LLP
On May 6, 2005, former Edmonton police detective Ross Barros arranged an important meeting with detectives Kevin Brezinski and Kelly Krewenchuk. Barros had re¬cently left policing to become a private investigator.
Rogers Partners LLP
The plaintiff also appealed on the basis that the judge erred in permitting the defence to call two expert psychiatrists.
Strigberger Brown Armstrong LLP
The Ontario Court of Appeal recently weighed in on the Occupiers' Liability Act and the appropriate evidence admissible on a motion for summary judgment motion.
Bennett Jones LLP
On March 19, 2019, the Alberta Court of Queen's Bench (ABQB) ruled in Karve Energy Inc. v Drylander Ranch Ltd., 2019 ABQB 298 that the Surface Rights Board (Board)
Torys LLP
The two-year limitations period under Ontario law has always contained a certain degree of variability because the two years is measured on the basis of discoverability.
Torkin Manes LLP
The National Post recently reported on the case of a dispute between separated parents that centred on whether their children should be vaccinated or not.
Torkin Manes LLP
In a recent criminal case two people were involved in a long distance romantic relationship and they engaged in intimate webcam video chat. Both people were naked. Both knew they were on video.
Blaney McMurtry LLP
Following are the summaries for this past week's civil decisions of the Court of Appeal for Ontario.
Goodmans LLP
A recent decision from the Ontario Superior Court of Justice highlights some of the difficulties plaintiffs might face when seeking to certify a class action relating to the disclosure of personal information from a cyber-attack.
Blake, Cassels & Graydon LLP
In its recent decision in Morrison v. Galvanic Applied Sciences Inc., the Alberta Court of Appeal (Court) reaffirmed that the Alberta Rules of Court (Rules) apply in full force to self-represented
Bennett Jones LLP
The British Columbia Supreme Court in MRC Total Build Ltd. v F&M Installations Ltd., 2019 BCSC 765 [MRC Total Build] recently considered an application
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Blaney McMurtry LLP
Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for failure to comply with disclosure order)
Gowling WLG
On October 23, 2018, the Government of Canada announced the next steps in its climate action plan and reaffirmed its commitment to apply a federal carbon pricing system (the "Federal Backstop")...
McCarthy Tétrault LLP
Late last week, the NYAG filed a law suit in the Supreme Court of the State of New York against Exxon alleging that Exxon violated, among other things, the securities fraud provisions of a 1921 New York statute...
Blaney McMurtry LLP
In Hughes v. Liquor Control Board of Ontario, the Court affirmed a motion judge's dismissal of a proposed class action against the LCBO stemming from an agreement between the LCBO and Brewer's
Clark Wilson LLP
The case of Gully v Gully, 2018 BCSC 1590 provides useful insight on a peril of putting property into joint tenancy. The decision illustrates the importance of considering the financial status...
Rogers Partners LLP
Over five years after its release, it seems almost trite to say that the Supreme Court's decision in Hryniak v. Mauldin was intended to facilitate efficiencies and cost-effectiveness in the adjudication of civil matters ...
Dentons
Is it possible for a party not named in an insurance policy to be entitled to insurance proceeds under that policy?
Blaney McMurtry LLP
Following are the summaries for this past week's civil decisions of the Court of Appeal for Ontario.
Blaney McMurtry LLP
There were five substantive civil decisions released by the Court of Appeal for Ontario this week.
Clark Wilson LLP
Covenants to insure are common in commercial leases and construction contracts.
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