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Searching Content indexed under Court Procedure by Minden Gross LLP ordered by Published Date Descending.
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Lawsuits And Privacy Legislation – How Do They Interact?
As litigators know, the Rules of Civil Procedure provide for what is usually referred to as the "Deemed Undertaking" between parties to a lawsuit not to disclose documents gathered in the course of a lawsuit...
Canada
23 Mar 2017
2
Matt Maurer Publishes "ONCA Clarifies Scope Of Court's Jurisdiction To Award Costs Against Non-Parties" On Slaw
In what is certainly the most significant decision regarding the court's ability to award costs against non-parties in over 45 years, the Ontario Court of Appeal has clarified the...
Canada
16 Mar 2017
3
No Access To Remote Justice In L'Orignal, Ontario?
Recently we took on two Small Claims Court actions for good clients. In both cases we acted for the plaintiff.
Canada
27 Feb 2017
4
Court Sets Aside Judgment Obtained at Uncontested Trial
In a rather unusual case, an Ontario Superior Court judge has set aside a default judgment that was obtained at an uncontested trial where the defendant intentionally decided not to show up.
Canada
25 Nov 2016
5
When Are Witnesses Allowed To Testify Via Video-Conference?
A recent Superior Court decision canvassed the existing law pertaining to permitting witnesses to testify via telephone or video as opposed to in person...
Canada
15 Sep 2015
6
How Courtroom Innovations Help Self-Represented Litigants
The Toronto Star posted an interesting story this past weekend discussing how courtroom innovations in New York, the U.K. and Windsor, Ontario are helping self-represented litigants navigate the legal waters.
Canada
25 Mar 2015
7
Court Agrees To Backdate Claim That Was Issued Outside Limitation Period
In a recent case, the Superior Court upheld the Master’s decision to backdate a Statement of Claim that was issued after the expiry of the limitation period.
Canada
4 Aug 2014
8
Ontario Litigators Circle July 1 On Your Calendars
Not because it is Canada Day, but because the Superior Court of Justice is revoking all of its existing Practice Directions and implementing new Practice Directions on July 1st.
Canada
18 Jun 2014
9
Defendant Permitted to Defend Action Six Years After Plaintiff Obtains Default Judgment
The Ontario Court of Appeal has upheld a Superior Court Judge’s decision to set aside a default judgment obtained by the plaintiff and allow the defendant the opportunity to enter a defence.
Canada
8 Apr 2014
10
The Further Development Of Ontario’s Summary Judgment Rule
Several weeks ago, I posted an article about the decision of the Supreme Court of Canada in Hryniak v. Mauldin, et al., and indicated that in my view this case represented a momentous shift in Ontario's law on summary judgment.
Canada
5 Mar 2014
11
The Civil Injunction Cheat Sheet
Injunctions are a powerful remedy that are sought and granted in a wide range of disputes.
Canada
27 Feb 2014
12
The Practical New Face Of Summary Judgment Motions
On January 23, 2014, the Supreme Court of Canada released its decision in the case of Hryniak v. Mauldin, in which is signaled a fundamental shift in the way that summary judgment motions are to be handled in the Province of Ontario.
Canada
16 Feb 2014
13
The Latest From The Supreme Court Of Canada On Summary Judgments
On January 23, 2014, the Supreme Court of Canada released its reasons in "Hryniak v. Mauldin". The case continues the current trend of lowering the bar on the test for summary judgments.
Canada
29 Jan 2014
14
Court of Appeal Says Private School's Decision to Expel Pot Smoking Student Not Subject to Judicial Review
The Court of Appeal has unanimously ruled that a private school's decision to expel a student is not subject to judicial review.
Canada
17 Dec 2013
15
Matt Maurer Wrote, "The Duty To Give A Release When Settling A Lawsuit"
A release usually forms part and parcel of any settlement. Most of the time there is little or no dispute over the wording that goes into the release.
Canada
28 Oct 2013
16
Irvin Schein blogged, "Dismissal For Delay: How Long Is Too Long?"
The recent decision of the Ontario Court of Appeal in Khan v. Metroland Printing, Publishing and & Distributing Ltd. et al is a useful reminder that even though the wheels of justice may feel like they turn slowly, there is a limit to everything.
Canada
30 Sep 2013
17
Surprising Decision On Specific Performance
A discussion on obtaining specific performance of an agreement of purchase and sale for commercial property, in the light of the recent decision of the Superior Court of Ontario in 2329131 Ontario Inc. v. Carlyle Development Corporation.
Canada
11 Sep 2013
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