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Searching Content indexed under Litigation, Mediation & Arbitration by Aird & Berlis LLP ordered by Published Date Descending.
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The Federal Court Of Appeal Grants Leave To Six Judicial Review Applications That Seek To Quash The Reapproval Of The Trans Mountain Expansion Project
The Trans Mountain pipeline expansion project is once again in the hands of the Federal Court of Appeal after the September 4, 2019 decision in Raincoast Conservation Foundation v. Canada (Attorney General) (Raincoast Conservation).
Canada
16 Sep 2019
2
Legal Tech And The Changing Legal Services Industry - Weekly Update - August 1
"Few law firms have a long-term, market-based strategy, or recognize that by proactively embracing new methodologies and technologies they will create the differentiators they need to compete effectively going forward."
Canada
8 Aug 2019
3
Legal Tech And The Changing Legal Services Industry - Weekly Update - July 10
"In a stunning escalation of the movement against statistical analysis in litigation, the French National Bar Council is now demanding lawyers are also excluded from statistical analysis of their actions in court." (Artificial Lawyer)
Canada
18 Jul 2019
4
Climate Change Litigation: Urgenda Update
In Urgenda Foundation v. The State of the Netherlands (2015) (Urgenda), the State of Netherlands was found by the court to have an affirmative duty toward its citizens to take action against climate change (see previous...
Worldwide
10 Jul 2019
5
Employment Case Law Update: No Tort Of Harassment In Ontario
In its recent decision in Merrifield v. Canada (Attorney General), 2019 ONCA 205, the Ontario Court of Appeal held that a common law tort of harassment does not exist in Ontario.
Canada
24 Jun 2019
6
Breach Of Court Order Leads To Jail Time
The British Columbia Court of Appeal has dismissed an appeal from an order of the province's Supreme Court,
Canada
21 Jun 2019
7
Update On Climate Change Litigation
The decision in Urgenda Foundation v. The State of the Netherlands (2015) set the framework for climate change litigation across the globe.
Canada
11 Jun 2019
8
B.C. Does Not Have Jurisdiction To Regulate The Shipment Of Bitumen Through The Province
In a unanimous decision, the British Columbia Court of Appeal held British Columbia does not have jurisdiction to regulate the shipment of "heavy oil" through the province.
Canada
30 May 2019
9
Divisional Court Confirms Expropriation Claimants Not Immune To Interest And Costs Consequences
The facts underlying the Shergar decision are complex and span more than two decades.
Canada
23 May 2019
10
Bill 108: The Province Introduces Ministerial Oversight In Advance Of School Board Expropriation Approvals
Contained in the multitude of changes under Bill 108, the More Homes, More Choices Act, 2019, introduced for First Reading on May 2, 2019, is a seemingly small change to the Education Act that may have significant implications on the expropriation activities of school boards across the province.
Canada
17 May 2019
11
Wake Up Call: The Supreme Court Of Canada's Review Of The Intersection Between Arbitration And Class Action Lawsuits In Telus Communications Inc. v. Wellman
On April 4, 2019, the Supreme Court of Canada released its decision in Telus Communications Inc. v. Wellman. The decision involved the consideration of a series of arbitration agreements,
Canada
29 Apr 2019
12
Supreme Court Dismisses Solar Power Network Application For Leave To Appeal
The Supreme Court has dismissed an application for leave to appeal Solar Power Network Inc. v. ClearFlow Energy Finance Corp.
Canada
3 Apr 2019
13
Employers' Dilemma Did Misconduct At Work Feed The Addiction Or Did The Addiction Blind The Employee To Her Actions?
A recent arbitration case continues to exemplify the difficulty faced by employers who must manage safety-sensitive workplaces and apply strict workplace practices in circumstances where an employee's addiction ...
Canada
19 Mar 2019
14
Pre-Incorporation Contracts And The Court Of Appeal
The Ontario Court of Appeal continues to do surprising and alarming things with pre-incorporation contracts.
Canada
15 Mar 2019
15
"Privacy Is Not An All-Or-Nothing Concept": The Supreme Court Of Canada's Decision In R. v. Jarvis
The students were not aware that they were being recorded, nor did they consent to the recordings.
Canada
22 Feb 2019
16
All's "Well" That Ends "Well"
On January 31, 2019, the Supreme Court of Canada (the "SCC") rendered its decision in Orphan Well Association v. Grant Thornton Ltd. (the "Decision").
Canada
11 Feb 2019
17
Clarity In Appeal Procedures: The BIA Prevails
A recent decision of Justice Watt of the Ontario Court of Appeal definitively answers the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the BIA and...
Canada
28 Jan 2019
18
Ontario Court Confirms Dismissal Of Proposed Class Action Against Hydro One
On December 31, 2018, the Ontario Divisional Court dismissed an appeal of a November 2017 Decision denying certification of a class action against Hydro One Networks Inc. (Hydro One).
Canada
28 Jan 2019
19
The Press Freedom Paradox In R. v. Vice Media: The Supreme Court Of Canada's Review Of Press Freedoms Versus The Investigative Powers Of Police
On November 30, 2018, the Supreme Court of Canada rendered its decision in R. v. Vice Media Canada Inc., a case many describe as pitting press freedoms against the investigative powers of police
Canada
19 Dec 2018
20
The Press Freedom Paradox In R. v. Vice Media: The Supreme Court Of Canada's Review Of Press Freedoms Versus The Investigative Powers Of Police
On November 30, 2018, the Supreme Court of Canada rendered its decision in R. v. Vice Media Canada Inc., a case many describe as pitting press freedoms against the investigative powers of police.
Canada
18 Dec 2018
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