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Searching Content from Canada indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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1
Case Comment – Glatt v Canada (National Revenue) ("Glatt")
Under the Income Tax Act, RSC 1985, c 1 (5th Supp) ("ITA") 164(3) the CRA must refund interest at a prescribed rate based on the amount in respect of a taxation year that is refunded or repaid.
Canada
20 Aug 2019
2
Supreme Court Of Canada To Consider Litigation Funding For The First Time
The appeal, which will likely be argued in early 2020, is sure to be watched closely by corporate-commercial litigators and insolvency professionals across Canada.
Canada
20 Aug 2019
3
Katz Et Al. v. Clarke: Ontario Divisional Court Upholds Termination Of Employee Due To Frustration Of Contract
The Ontario Divisional Court recently upheld an employer's decision to terminate an employee for frustration of contract, affirming that it is "inherently impossible" to accommodate an employee
Canada
20 Aug 2019
4
The New (And Improved?) Rule 76 Simplified Procedure
Canada has arguably one of the best and most advanced systems of justice in the world.
Canada
20 Aug 2019
5
What To Consider When Choosing An Expert: Maxrelco Inc. v. Lumipro Inc.
The decision provided much-needed clarity on the admissibility of opinion evidence by non-litigation experts
Canada
20 Aug 2019
6
So You've Released A Defendant Municipality: Can You Still Have A Jury Trial?
Jury trials provide the opportunity for a group of people, selected at random from the community, to decide issues of fact or assess damages
Canada
20 Aug 2019
7
ROCKY HEIGHTS v. BIBER 2019 ONSC 3598 – Will The Waiver Of Subrogation Operate To Protect An Insured Acting Outside Of The Scope Of Her Role In The Corporate Insured?
In the recent Ontario decision, Rocky Heights v. Biber, 2019 ONSC 3598, the Ontario Supreme Court was asked to determine whether a subrogated claim could be made against Ms. Biber, an officer of the
Canada
20 Aug 2019
8
Procedural Differences Between Civil Actions In British Columbia And Ontario
The Limitation Act governs the limitation period for commencing an action in British Columbia.
Canada
19 Aug 2019
9
Neither Too Little, Nor Too Late: A Delayed Jurisdictional Challenge Finds Success
Article 16 of the UNCITRAL Model Law on International Commercial Arbitration (the "Model Law") provides a means for early resolution of disputes over the jurisdiction of an arbitral tribunal.
Canada
19 Aug 2019
10
Bennett Jones On Tax Disputes - August 2019
The latest edition of Bennett Jones on Tax Disputes, published on Taxnet Pro by Thomson Reuters,...
Canada
19 Aug 2019
11
C.S. Mccrossan Inc.: Eighth Circuit Applies Crime Policy's Authorized Representative Exclusion In Finding No Coverage For Loss Caused By Insured's Property Manager's Employee
On August 6, 2019 the Eighth Circuit Court of Appeals released its decision in C.S. McCrossan Inc. v. Federal Insurance Company.
Canada
16 Aug 2019
12
Action In Tort Against Third Party New Legal Tool For First Nations
(August 9, 2019, 8:40 AM EDT) -- In 2011, the Saik'uz and Stellat'en First Nations (the First Nations) commenced an action in tort against Rio Tinto Alcan
Canada
16 Aug 2019
13
Listing In The REIN: Cruel And Unusual Punishment Under The Charter?
On July 16, 2019, the Court of Appeal denied the Autorité des marchés publics (AMP) leave to appeal a Superior Court ruling made during the course of proceedings on an application
Canada
16 Aug 2019
14
Class Action Against Yahoo!: A Data Breach Is Not Always Evidence Of Compensable Loss
On June 10, 2019, in a decision rendered by Justice Chantale Tremblay, the Superior Court of Québec refused to authorize Plaintiff Brigitte Bourbonnière's application for authorization to institute a class action.
Canada
16 Aug 2019
15
Noodle That!: Canada's CITT Allows Instant Noodles Tariff Classification Appeal
In other words, the CITT acknowledged what many university students already know, the noodles are the most important part of this particular food product.
Canada
16 Aug 2019
16
Ontario Court Of Appeal Confirms Nude Selfies Are Not Offensive
In Zigomanis v. 2156775 Ontario Inc. (D'Angelo Brands), 2018 ONCA 116, the Ontario Court of Appeal upheld a lower court decision that a professional hockey player's nude selfies
Canada
16 Aug 2019
17
No "Passing The Torch": Only Unions And Employers (Not Grievors) May Bring Judicial Review Applications
Grievance arbitration is intended to be an efficient and cost-effective means to resolve workplace disputes without resort to costly litigation in the courts. When an arbitrator issues an award
Canada
16 Aug 2019
18
Federal Court Of Canada Confirms 6 Year Limitation Period For Customs Seizures
On June 7, 2019, Canada's Federal Court of Appeal confirmed in Chen v. Minister of Public Safety and Emergency Preparedness, 2019 FCA 170, that the CBSA cannot seize goods that were imported more than 6 years ago ...
Canada
16 Aug 2019
19
Quarterly Copyright Blog #6
For those who are interested in recent cases and developments concerning copyright and related matters, there have been several developments since the last entry.
Canada
15 Aug 2019
20
Discipline Matters Before The College Of Dental Hygienists Of Ontario (CDHO): A Defence Lawyer's Perspective
As legal counsel for dental hygienists, we are often asked questions about what happens when a dental hygienist is referred to the Discipline Committee of the College of Dental Hygienists of
Canada
15 Aug 2019
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