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Searching Content indexed under Litigation, Mediation & Arbitration by Miller Thomson LLP ordered by Published Date Descending.
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1
The Evidence Needed For A Successful Summary Judgment Application
Summary Judgment can be an effective tool for obtaining justice faster and less expensively than through a trial. Most jurisdictions have, within the last decade
Canada
27 Aug 2019
2
Agricultural Law NetLetter - Wednesday, August 7, 2019 - Issue 424
A twice-monthly current awareness service reviewing recent cases on land use, marketing boards, environmental issues, creditor rights, animals, grain, import/export and other matters in an agricultural context.
Canada
22 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 Changing Landscape Of Costs And The Duty To Defend In British Columbia
In British Columbia Court of Appeal decision West Van Holdings Ltd. v. Economical Mutual Insurance Company, the Court confirmed the primacy of the pleadings when determining whether an insurer owes a duty to defend, ...
Canada
12 Aug 2019
5
Dawe v The Equitable Life Insurance Company of Canada: Ontario Court Of Appeal Overturns 30-Month Notice Period
The Court of Appeal for Ontario recently overturned a lower court summary judgment decision awarding 30 months' notice to a long-service employee whose employment was terminated without cause.
Canada
12 Aug 2019
6
Commercial Transactions And All-Risks Coverage
How can a commercial transaction be the subject of indemnity under an all-risks policy?
Canada
9 Aug 2019
7
Construction Project Disputes And The New Interim Adjudication Provisions – What Parties To A Construction Project Need To Know
Irrespective of the size or complexity of a construction project, disagreements between parties to a construction contract are destined to arise.
Canada
9 Aug 2019
8
Agricultural Law Netletter - Tuesday, May 21, 2019 - Issue 419
A twice-monthly current awareness service reviewing recent cases on land use, marketing boards, environment issues, creditor rights, animals, grain, import/export and other matters in an agricultural context.
Canada
10 Jun 2019
9
More Homes, More Choice Act, 2019: What Will Bill 108 Do To Ontario's Planning And Development Regime?
The Ontario Government's introduction of More Homes, More Choice Act, 2019 ("Bill 108" or the "Bill") will significantly change how planning and development decisions will be made, opposed, reconsidered and ultimately adjudicated upon. Bill 108 restores key elements of the...
Canada
31 May 2019
10
Limitation Of Liability Clauses And Summary Disposition
In reasons dated April 1, 2019, a Master of the Alberta Court of Queen's Bench summarily determined that a contractual limitation of liability clause served to limit the Plaintiff's damages against a fire protection contractor to the cost of the inspection
Canada
31 May 2019
11
Agricultural Law Netletter - Thursday, March 7, 2019 - Issue 414
Saskatchewan Court of Appeal has dismissed an appeal from the decision of a Chambers justice who refused to grant the application of farmers for relief from forfeiture by postponing a Lessor's
Canada
29 May 2019
12
Agricultural Law Netletter - Sunday, April 7, 2019 - Issue 416
The Supreme Court of Canada has recently dismissed an application for leave to appeal from a decision of the Manitoba Court of Appeal.
Canada
29 Apr 2019
13
Setting Aside A Default Judgment: Paolucci Holdings Ltd. v. Girard Insurance & Financial Service Inc., Philip Joseph Girard, Maioha Aroha Productions Inc. And Jordan Corrigal, 2018 BCSC 1810
Although most insureds report claims in a timely fashion, there are occasions where an insured's delay may result in default judgment being obtained against the insured.
Canada
17 Apr 2019
14
Extras And Back Charges: Alberta Court Of Appeal Affirms Tests In Impact Painting Ltd v Man-Shield (Alta) Construction Inc.
In February 2018's edition of Breaking Ground, we reviewed the legal tests used to determine what will constitute a valid extra or back charge.
Canada
2 Apr 2019
15
Court Of Appeal Finds Contract Between University And Student
In Lam v. University of Western Ontario, 2019 ONCA 82, the Ontario Court of Appeal confirmed that a court may take jurisdiction over a claim that arises from an academic dispute ...
Canada
1 Apr 2019
16
Wrongfully SUED?
Options available if you have been wrongfully named in a construction lawsuit
Canada
14 Mar 2019
17
Understanding the Use of No Contest Clauses In Alberta: Anderson Estate, 2017 ABQB 422 And Mawhinney v Scobie, 2019 ABCA 76
No contest clauses, or "in terrorem" clauses (latin for "in terror" or "by way of threat") are often used in wills to attempt to create a consequence or an ability to prevent a gift, if certain conditions are not met or certain actions are taken.
Canada
14 Mar 2019
18
U.S. Class Action Filed For Canadians Who Receive U.S. Retirement Benefits
Persons who have lived and worked for extended periods of time in both Canada and the United States can often be eligible to receive benefits under both Canadian and U.S. government pension programs.
Canada
14 Mar 2019
19
Interim Adjudication Amendments: Authority And Timelines
Part II.1 of the Construction Act (Ontario) (the "Act") introduces a new mandatory interim dispute resolution adjudication process which comes into force October 1st, 2019.
Canada
14 Mar 2019
20
L'abus de procédure : L'importance d'adopter une conduite raisonnable devant les tribunaux
Tout récemment, la Cour supérieure du Québec a souligné l'importance pour les corps publics, en raison de leurs statuts et de leurs missions,
Canada
8 Mar 2019
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