Searching Content indexed under Trials & Appeals & Compensation by Canadian Appeals Monitor ordered by Published Date Descending.
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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.
7 Oct 2019
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
10 Sep 2019
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.
23 Aug 2019
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.
8 Aug 2019
M&A Disputes: When Will A Corporation Be Liable For An Officer's Or Director's Fraud? Supreme Court Provides New Guidance
Should a corporation be liable for fraud committed by its director or officer where it may also have benefitted?
16 Jul 2019
Skateboards & Boomerangs: Court Of Appeal Reverses Boomerang Summary Judgment, Clarifies Use Of Hearsay In Affidavits
In Drummond v Cadillac Fairview Corporation Limited, 2019 ONCA 447, the Ontario Court of Appeal reversed a decision granting summary judgment in favour
9 Jul 2019
Ontario Court Of Appeal Clarifies Limits On Claims For Contribution And Indemnity Against A Party's Lawyer
In Hengeveld v. The Personal Insurance Company, 2019 ONCA 497, the Ontario Court of Appeal addressed the issue of when a claim for contribution and indemnity is available against a party's lawyers.
4 Jul 2019
Special Costs Not Available To The Successful Insured In A Duty To Defend Application In British Columbia Absent Reprehensible Conduct On The Part Of The Insurer
In West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 ("West Van Holdings"), the Court of Appeal of British Columbia (the "Court of Appeal")
2 Jul 2019
The Corporate Identification Doctrine Clarified Through An Intervention In The Supreme Court Of Canada
A corporation is of course an abstract entity. It is a legal person, but can only act through human beings.
5 Jun 2019
A Class Divided Can Stand - Supreme Court Of Canada Holds That Businesses Cannot Piggyback On Consumers To Escape Arbitration Agreements
TELUS Communications Inc. v. Wellman, 2019 SCC 19, is a significant — if narrow — victory for freedom of contract, and for a disciplined approach to statutory interpretation. By a 5-4 majority,
15 May 2019
The U.S. Supreme Court Expands The Scope Of Securities Fraud Liability
If an individual is not the "maker" of a false or misleading statement under Janus Capital Group v. First Derivative Traders, 564 U.S. 135 (2011),
United States
3 May 2019
Galantis v Alexiou: No Oppression After Dissolution
In Galantis v Alexious, [2019] UKPC 15 the Privy Council concluded that the oppression remedy existing under the Bahamian Companies Act cannot be invoked after the dissolution of a company,
3 May 2019
Admission Or Admonishment? The Ontario Court Of Appeal Splits On Punitive Damages For Failing To Admit Liability
Recently in McCabe v. Roman Catholic Episcopal Corporation, the Ontario Court Appeal penned another chapter in the saga of when, why, and how, punitive damages should be awarded in Canadian law.
30 Apr 2019
When Administrators Speak For Themselves — The Newfoundland And Labrador Court Of Appeal On Agency Standing
In 66202 Newfoundland & Labrador Inc. v. Municipal Assessment Agency Inc., 2019 NLCA 1, the Newfoundland and Labrador Court of Appeal ...
8 Feb 2019
When Is A Rule Not The Law? A Note On Tan And Comity In The Federal Court Of Appeal
The decision squarely raised the issue of comity at the Federal Court of Appeal.
13 Nov 2018
When Appeals Collide: Case-Management Of Novel Issues In The Ontario Court Of Appeal
On October 17, 2018, in a short but interesting decision of the Ontario Court of Appeal in Fontaine v. Canada (Attorney General), 2018 ONCA 832, Sharpe J.A. faced down the "unprecedented" scenario...
30 Oct 2018
Tracing The Limits Of Auditors' Liability Post-Livent: The Ontario Court Of Appeal Considers An Auditor's Duty To Third Parties In Lavender v. Miller Bernstein LLP
In Lavender v. Miller Bernstein LLP, the Ontario Court of Appeal has overturned a lower court decision that imposed liability on an auditor for losses suffered by its client's clients as a result of a negligently performed audit.
28 Sep 2018
Appellate Court Overturns Certification Of Defendant's Counterclaim
In Thorne v. College of the North Atlantic, 2018 NLCA 33 ("Thorne"), the Newfoundland and Labrador Court of Appeal (the "Court of Appeal") dealt with the novel issue...
11 Sep 2018
Full Speed Ahead: Ontario Court Of Appeal's Comments On The Application Of Jordan To Re-Trials May Have Broad Impacts
In R. v. MacIsaac, the Ontario Court of Appeal recently made some important comments on the Jordan framework for unreasonable delay in criminal proceedings in the context of re-trials...
11 Sep 2018
Alberta's Top Court Splits On Damages For Economic Loss
Last month, in 644036 Alberta Ltd. v. Kay McVey Smith & Carlstrom LLP, 2018 ABCA 236 ("C.A. reasons"), the Court of Appeal of Alberta seemed to offer conflicting guidance...
11 Sep 2018
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