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Searching Content indexed under Trials & Appeals & Compensation by Clark Wilson LLP ordered by Published Date Descending.
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1
Render Unto Caesar: Supreme Court Of Canada Issues First Decision Considering The Scope Of Crown Copyright
On September 26, 2019, the Supreme Court of Canada (the "Court") rendered its judgment in Keatley Surveying Ltd. v Teranet Inc., 2019 SCC 43
Canada
10 Oct 2019
2
Costs In Estate Litigation: Different Horses For Different Courses
A common question raised by individuals upon entering litigation is how legal fees will be paid if they are successful in court.
Canada
7 Oct 2019
3
Distinctiveness Negated: A Tale Of Two Newspapers
The Supreme Court of Canada has dismissed an application for leave to appeal from the Federal Court of Appeal ("FCA")
Canada
25 Sep 2019
4
Canada
20 Sep 2019
5
ROCKY HEIGHTS v. BIBER 2019 ONSC 3598 – Will The Waiver Of Subrogation Operate To Protect An Insured Acting Outside Of The Scope Of Her Role In The Corporate Insured?
In the recent Ontario decision, Rocky Heights v. Biber, 2019 ONSC 3598, the Ontario Supreme Court was asked to determine whether a subrogated claim could be made against Ms. Biber, an officer of the
Canada
20 Aug 2019
6
Student Litigant Update
In previous newsletters, we discussed two recent decisions of the BC Supreme Court involving civil lawsuits brought by university students against their institutions
Canada
31 Jul 2019
7
Recent Changes to Pour Over Rules
The British Columbia Court of Appeal has held that a clause in a will directing estate property to be transferred to a trust that was created before death is invalid.
Canada
26 Jul 2019
8
Latest From BC Supreme Court On The Claims Of Specific Performance And Damages
In a recent case, Bajwa v. Habib, 2019 BCSC 721, the BC Supreme Court clarified the law with respect to whether a party that was previously awarded
Canada
3 Jul 2019
9
Case Comment – Modern Cleaning Concept Inc. v. Comité Paritaire De L'entretien D'édifices Publics De La Région De Québec: Independent Contractors vs. Employees
The case of Modern Cleaning Concept Inc. v. Comité paritaire de l'entretien d'édifices publics de la région de Québec, 2019 SCC 28
Canada
14 Jun 2019
10
Successful Result In Halliday v. Halliday Estate, 2019 BCSC 554
In the recent BC Supreme Court case of Halliday v Halliday Estate, 2019 BCSC 554, Clark Wilson LLP was successful in challenging the validity of two Wills on behalf of its client.
Canada
29 May 2019
11
Robledano v Queano, 2019 BCCA 150 – Further Analysis Of Spousal Status Issues
The British Columbia Court of Appeal recently released its judgment in Robledano v Queano, 2019 BCCA 150 ("Robledano").
Canada
23 May 2019
12
No Need For "Encyclopedic Knowledge" When A Will-Maker Recounts Their Assets
The recent Ontario Court of Appeal decision in Quaggiotto v Quaggiotto, 2019 ONCA 107 ("Quaggiotto") helps to clarify the level of knowledge courts expect a will-maker
Canada
20 May 2019
13
Plaintiff Entitled To Statutory Accident Benefits Even Where Behavior Was Reckless And Foolish
In a recent Ontario decision, Charbonneau v. Intact Insurance Company, 2018 ONSC 5660, the insured made a claim for statutory accident benefits.
Canada
30 Apr 2019
14
What Obligations Are Owed By A Testator To A Deceased Person's Estate?
In the Court's determination of a wills variation claim and what is "adequate, just and equitable", the Court will consider legal and moral obligations owed by the Deceased to the claimant.
Canada
1 Apr 2019
15
Learning From Serial Litigants – Part 2
The SFU case has been speedy by comparison, but still has been years in the making, with the key events happening in the fall of 2016.
Canada
27 Mar 2019
16
Resulting And Constructive Trusts: A Question Of Intention
Two recent decisions from the Supreme Court of British Columbia illustrate the importance, and difficulty, of determining the intentions someone who transfers property when ownership
Canada
19 Mar 2019
17
Resulting Trusts – A Question Of Intention
Two recent decisions from the Supreme Court of British Columbia illustrate the importance, and difficulty, of determining the intentions someone who transfers property when ownership
Canada
8 Mar 2019
18
Uber Not In The Driver's Seat When It Comes To Arbitration Clause
The Ontario Court of Appeal recently invalidated a mediation/arbitration clause used by Uber in its standard form driver's contract.
Canada
14 Feb 2019
19
The Difficulty With Raising The Dead (Company)
A recent case at the BC Supreme Court, British Columbia v. The Administrator of the Ship-source Oil Pollution Fund, demonstrates how difficult it is to make a successful legal claim against a company that was dissolved at the time the claim arose.
Canada
24 Jan 2019
20
Looks Like We're Having A Shotgun Wedding: Arbitration Proceedings Merged Without Consent Of All Parties
In a recent decision, JACOS v. Toyo Engineering, the Alberta Court of Queen's Bench ordered that two related commercial arbitration proceedings ...
Canada
15 Jan 2019
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