Searching Content indexed under Court Procedure by Blake, Cassels & Graydon LLP ordered by Published Date Descending.
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Two Recent Decisions Affirm International Arbitration Clauses Will Be Enforced
Two recent decisions reinforce the willingness of Ontario courts to enforce arbitration clauses, apply the competence-competence doctrine and refer any disputes regarding an arbitrator's jurisdiction to the arbitrator for resolution.
26 Feb 2018
Ontario Court Of Appeal Confirms Ongoing "Gatekeeper" Function In Respect Of Expert Evidence
In its recent decision in Bruff-Murphy v. Gunawardena (Bruff-Murphy), the Court of Appeal for Ontario (Court) set aside a jury award and ordered a new trial on the basis that the trial judge did not...
27 Jun 2017
"No Fishing" In Alberta: Court Clarifies Ability To Redact, Disclosure In Questioning
On March 31, 2017, in Geophysical Service Incorporated v. NWest Energy Corp, the Court of Queen's Bench of Alberta provided clarity on the principles of relevance and materiality in the context of questioning pursuant to part 5 of the Alberta Rules of Court.
20 Apr 2017
Accessing Justice From Your Smartphone: The Civil Resolution Tribunal
Starting June 1, 2017, certain small claims disputes will be adjudicated online rather than in a traditional courtroom in British Columbia, thanks to the CRT, the first online tribunal of its kind in Canada.
19 Apr 2017
Chief Justice Confirms Cross-Examination Principles In Alberta
On March 21, 2017, the Court of Queen's Bench of Alberta ruled against the Alberta government in Alberta (Attorney General) v. ENMAX PPA Management Inc. et al., ...
29 Mar 2017
On The Road: SCC Allows Class Action Judges To Hold Extraprovincial Hearings In Certain Circumstances
The SCC ruled that a provincial superior court judge may sit outside his or her home province to hear motions without live evidence in national class actions proceedings in certain circumstances.
2 Nov 2016
Alberta Court Decision Addresses Drop Dead Rule, Chronic Delays In Civil Litigation
The Court of Appeal of Alberta addressed the issue of chronic delay in civil litigation, when it released a split decision on the interpretation of rule 4.33 in the Alberta Rules of Court.
22 Jun 2016
It's Just Notice: Ontario Court Of Appeal Holds That Rules Of Service Do Not Interfere With State Sovereignty
The Ontario Court of Appeal rejected the proposition that Canada's international law obligations require that service of an originating process in a non-Hague Convention state, for the purpose of an Ontario action, has to be made in accordance with the laws of the foreign state.
15 Jun 2016
Legal Trends 2016: Litigation & Dispute Resolution
In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those proceedings.
29 Mar 2016
A Roadmap For Summary Judgment In Alberta
In Hryniak v. Mauldin (Hryniak), the Supreme Court of Canada (SCC) opened the door for courts to grant summary judgment whenever the record provides "the evidence required to fairly and justly adjudicate the dispute[.]"
11 Jan 2016
Enough Is Enough: Court Suspends Class Action For Vexatious Conduct By Petitioner, Counsel
In September 2015, the Superior Court of Québec (Court) released a landmark decision rendered by Justice C. Masse in Deraspe v. Zinc électrolytique du Canada ltée​...
16 Nov 2015
Supreme Court Of Canada Addresses Recognition, Enforcement Of Foreign Judgments In Chevron Case
In a much anticipated ruling, the Supreme Court of Canada (SCC) has released its decision in Chevron Corp. v. Yaiguaje, addressing recognition and enforcement of foreign judgments.
11 Sep 2015
Still Can't Search This: B.C. Court Of Appeal Affirms Global Restraining Order Against Google
In 2014, the B.C. Supreme Court ordered Google Inc. (Google) and Google Canada Corporation (Google Canada) to remove all of a company's websites from its search results.
15 Jun 2015
The Long Arm Of The Law Is Not That Long: Court Declines Jurisdiction Over Document Production By Foreign Non-Party
In general, the BCSC's decision indicates a serious reservation to compel a non-resident who does not carry on business in B.C. to do something outside the province.
2 Jun 2015
SCC Rules On Impartiality And Independence Of Expert Witnesses
On April 30, 2015, the Supreme Court of Canada (SCC) released its decision in White Burgess Langille Inman v. Abbott and Haliburton Co. (White Burgess), relating to courts’ assessment of the impartiality and independence of expert witnesses. In a unanimous decision, the SCC held that the impartiality and independence of expert witnesses is a factor to be considered when determining whether expert evidence is admissible.
7 May 2015
A Decision On The Merits: Alberta Court Provides Valuable Insight On Class Certification
In Warner v. Smith & Nephew Inc. (Warner), a recent decision of the Court of Queen’s Bench of Alberta, Justice G.H. Poelman gave guidance on the class certification process and the extent to which the court will evaluate the merits of a class action at the class certification stage.
29 Apr 2015
Supreme Court Confirms That Lawyers Cannot Act As Government Agents
Global anti-money laundering initiatives gained momentum in the 1990s.
2 Mar 2015
B.C. Court Finds Methodology To Prove Causation Is Required To Certify Pharmaceutical Class Actions
Both the plaintiffs and defendants had provided expert evidence on the certification application regarding general causation.
5 Feb 2015
Ontario Court Of Appeal Clarifies Parameters Of Communications With Expert Witnesses
The Court of Appeal for Ontario’s January 29, 2015 decision in Moore v. Getahun has confirmed that there is nothing improper in counsel reviewing a draft report with an expert witness.
3 Feb 2015
CanaSea Group: Full And Fair Disclosure Required In Ex Parte CCAA Applications
Applicants who seek ex parte relief under the Companies’ Creditors Arrangement Act (CCAA) have an obligation to make full and fair disclosure of all material facts to the court.
23 Jan 2015
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