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Searching Content indexed under Litigation, Mediation & Arbitration by Erin Farrell ordered by Published Date Descending.
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Supreme Court Of Canada Makes A Clear Choice As To Who Bears The Loss On Cheque Fraud
In its recently released decision in Teva Canada Ltd. v. TD Canada Trust, the Supreme Court of Canada missed a golden opportunity to update controversial and antiquated interpretations of section 20(5) of the Bills...
Canada
9 Nov 2017
2
Not So Fast: Simply Issuing A New Claim, Rather Than Amending An Existing Claim To Add A New Defendant, May Be An Abuse Of Process
On December 8, 2012, the plaintiff was involved in a serious motor vehicle accident on Valley Farm Road in the City of Pickering, Ontario.
Canada
3 Feb 2016
3
Farhat V. Monteanu: Inviting Inconsistency In Limitations Periods Applicable To Motor Vehicle Claims?
In the Farhat case the plaintiff was injured when his vehicle was rear-ended by the defendant's vehicle on May 18, 2006.
Canada
25 Aug 2015
4
No Co-Operation To Streamline Trial? No Entitlement To Costs
On June 8, 2015, Justice Myers released his costs decision in Saleh v. Nebel in which he deprived the defendant of a $100,000-cost award because of the manner in which counsel prepared for and presented the case at trial.
Canada
16 Jul 2015
5
A Tale Of Two Jewellers: Bank Successfully Appeals Conversion Judgement
In a recent decision, the TD Bank successfully appealed a judgment against it for the tort of conversion related to fraudulent cheques.
Canada
20 Apr 2015
6
Ambiguity Is As Ambiguity Does: Another Cautionary Tale From A Canadian Appellate Court On The Importance Of Clear Drafting
This case provides a helpful re-articulation of the principles of contractual interpretation in the context of insurance policies.
Canada
17 Feb 2015
7
Preferable Procedure Revisited: Supreme Court Of Canada Examines Preferable Procedure For First Time Since Hollick
In dismissing an appeal from the decision of the Ontario Court of Appeal in AIC v. Fischer on December 12, 2013, the Supreme Court of Canada revisited the preferable procedure aspect of the certification test for class proceedings.
Canada
31 Dec 2013
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