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Searching Content indexed under Litigation, Mediation & Arbitration by McCarthy Tétrault LLP ordered by Published Date Descending.
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1
Interpreting "The Whole Agreement" In Austin v. Bell Canada
In a recent class action, a comma in a pension plan was alleged to have generated a dispute of more than $100 million.
Canada
14 Oct 2019
2
Exceptional Circumstances: British Columbia Court Of Appeal Upholds Anti-Arbitration Injunction On Contractual Grounds
The British Columbia Court of Appeal recently released a decision that will be of interest to parties engaged in foreign arbitral proceedings
Canada
11 Oct 2019
3
A New Era In Journalist Source Protection: The Supreme Court Of Canada Clarifies Section 39.1 Of The Canada Evidence Act
A New Era in Journalist Source Protection: The Supreme Court of Canada Clarifies section 39.1 of the Canada Evidence Act.
Canada
7 Oct 2019
4
Fit To Be Tried? Supreme Court Of Canada Rules On Certification Of Competition Class Actions
Today, the Supreme Court of Canada released the highly-anticipated decision in Pioneer Corp. v. Godfrey, addressing a number of issues
Canada
26 Sep 2019
5
Representative Plaintiff Removed For Not Protecting Interests Of Class
In the recent decision of Azar v. Strada Crush Limited, 2019 ONSC 4436 Justice Morgan denied a motion brought by the representative plaintiff in a certified class
Canada
24 Sep 2019
6
Keeping Things In Context: B.C. Court Of Appeal Considers The Roles Of Context And Public Debate In Defamation Cases
The B.C. Court of Appeal's recent decision in Northwest Organics, Limited Partnership v. Fandrich[1] ("Northwest Organics") demonstrates the importance of keeping things
Canada
10 Sep 2019
7
Attornment Is A Shield, Not A Sword: The Court Of Appeal Disallows Plaintiff's Attempt To Bypass Service Ex Juris Rule
On June 12, 2019, the Court of Appeal of Alberta released its decision in Acciona Infrastructure Canada Inc v Posco Daewoo Corporation, 2019 ABCA 241
Canada
29 Aug 2019
8
Out Of Control: Yukon Court Lifts Stay In BC Proposal Proceedings Of Mining Company
In Yukon (Government of) v. Yukon Zinc Corporation, 2019 YKSC 39 ("Yukon Zinc"), the Yukon Supreme Court recently lifted a stay of proceedings.
Canada
29 Aug 2019
9
The High Cost Of A Few Tweets: Grievor Loses Right To Collect Payment After Breaching Settlement Agreement
That case involved the breach of a previous settlement of the discharge grievances of Professor Rick Mehta.
Canada
27 Aug 2019
10
Is The Plaintiff's Motive To Sue Relevant? The Court Of Appeal Says Probably Not
It is not uncommon for defendants to wonder if the plaintiffs have an ulterior motive for bringing a lawsuit beyond the pleaded request for damages and other relief.
Canada
23 Aug 2019
11
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
12
Gro-Bark v. Eacom Timber: A Note On Sufficiency Of Reasons
The Court of Appeal for Ontario recently released its decision in Gro-Bark v. Eacom Timber, an appeal about the crucial role that reasons – more precisely, sufficient reasons – play in our legal system.
Canada
8 Aug 2019
13
When Pleadings Are Not Enough – Franchisees' Statutory Rescission Notice Obligations Clarified
The recent case of 2352392 Ontario v. MSI, 2019 ONSC 4055 provides further guidance on a franchisee's obligation to provide notice to the franchisor in order to properly engage their statutory rights of rescission.
Canada
31 Jul 2019
14
Implicit Common General Knowledge Renders Claims Obvious: Tetra Tech EBA Inc. v. Georgetown Rail Equipment Company
The Federal Court of Appeal allowed Tetra's appeal, holding that the 082 patent claims were obvious.
Canada
30 Jul 2019
15
Law Commission Of Ontario Issues Recommendations For Class Action Reform In Ontario
On July 17, 2019, the Law Commission of Ontario ("LCO") published its Final Report on Class Action reform, Class Actions: Objectives, Experiences and Reforms (the "Report").
Canada
30 Jul 2019
16
L'affaire Instrubel se rend à la Cour suprême : ce que cela peut signifier pour l'arbitrage international au Canada
Le jugement que vient de rendre la Cour d'appel du Québec dans l'affaire Instrubel, n.v. c. La République Irakienne[
Canada
19 Jul 2019
17
Protecting A Vendor's Privilege In M&A Sale Transactions
Canadian dealmakers should be aware of a recent decision of the Delaware Court of Chancery addressing the circumstances in which a target company's legal privilege belongs to the purchaser after a sale transaction.
Canada
18 Jul 2019
18
Instrubel Goes To The Supreme Court: What This May Mean For International Arbitration In Canada
The recent pronouncement by the Court of Appeal of Québec in Instrubel, n.v. v Republic of Iraq [1] takes yet another step forward in judicial
Canada
18 Jul 2019
19
Federal Court Of Appeal: Obviousness Is An "Inherently Factual" Inquiry
Recently, the Federal Court of Appeal published its decision in Packers Plus Energy Services Inc. v. Essential Energy Services Ltd.,[1] in which the appellant
Canada
18 Jul 2019
20
Quebec Court Dismisses Application Due To Conflict Of Interest Between Plaintiff And Class Counsel
In a decision rendered on May 23, 2019, the Honourable Chantal Lamarche of the Superior Court of Quebec dismissed an application for authorization
Canada
16 Jul 2019
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