Searching Content indexed under Professional Negligence by McCarthy Tétrault LLP ordered by Published Date Descending.
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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
Cannabis Product Liability Class Actions Come To Canada
As cannabis legalization moves north of the border, cannabis companies in Canada will inevitably face similar legal issues as they have in the United States, where the decriminalization of cannabis in several jurisdictions ...
21 Feb 2019
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
The Year Ahead: Ten Top Appeals To Watch In 2017
The coming year will see our highest court decide a host of appeals of interest to Canadian businesses and professions.
16 Feb 2017
Class Actions Against The Government – Key Lessons From The Ontario Superior Court's Decision Of Johnson v Ontario, 2016 ONSC 5314
On August 23, 2016, Justice Grace released his decision, Johnson v. Ontario, certifying a class of inmates in their action against the Ontario Government.
30 Sep 2016
What's The "Connection"? Ontario Court Of Appeal Confirms Continuing Divide Between Jurisdiction And Choice Of Law
Two companies based in different provinces enter into a contract. One company sues the other for breach of that contract.
10 Aug 2015
The Supreme Court Rules That The Charter Permits Courts To Award Damages Against The Crown For Wrongful Non-Disclosure Absent Proof Of Malice
At issue before the Supreme Court was the level of fault that Mr. Henry had to establish to sustain a cause of action against the AGBC.
2 Jun 2015
The SCC Monitor (25/05/2015)
On Thursday, May 28, 2015, the Supreme Court of Canada will release judgment on several leave applications currently before the Court, including the following.
26 May 2015
Has The Supreme Court Of Canada Done Away With The Concept Of Apparent Bias?
This appeal arises out of a professional negligence action brought by the respondents (the "Shareholders") against the appellants, the former auditors of the Shareholders' company (the "Auditors").
26 May 2015
Negligence Of Public Authorities – "We Have Been Using A Screwdriver To Turn A Bolt", Federal Court Of Appeal Says
Between the late 1980s and 2006, the Federal Government made a series of regulations prohibiting imports of honeybees from the United States.
22 Apr 2015
Advocacy, Incivility And Professional Misconduct: Groia V The Law Society Of Upper Canada
Are the legal profession’s rules regarding civility at odds with a lawyer’s duty to zealously advocate on behalf of his or her client?
10 Mar 2015
Limits To Limitations: The Ontario Court Of Appeal Addresses The Doctrines Of "Fraudulent Concealment" And "Special Circumstances"
A recent decision involving solicitor’s negligence required the Ontario Court of Appeal to consider two of the murkier issues relevant to limitations analysis.
9 May 2014
What The Heck Did The Ontario Court Of Appeal Mean When It Spoke Of An "Implied Statutory Duty Of Care"?
In the past decade, the staid law of negligence has undergone a number of interesting developments in Canada, focusing particularly on the threshold question of whether a duty of care is or is not owed by a particular plaintiff to a particular defendant in novel circumstances.
9 Jan 2014
The Second Opinion: What The Heck Did The Ontario Court Of Appeal Mean When It Spoke Of An "Implied Statutory Duty Of Care"?
In the past decade, the staid law of negligence has undergone a number of interesting developments in Canada.
16 Dec 2013
The Second Opinion: Dispensing Equity In Quebec Through In Solidum Liability
In a recent case, the Quebec Court of Appeal has extended the scope of in solidum liability to ensure recovery for damages resulting from professional negligence.
8 Nov 2013
The Second Opinion: CRA Officials May Be Liable For Negligent Investigation
The Ontario Court of Appeal recently refused to strike out a claim involving allegations of negligent investigation against officials of the Canada Revenue Agency.
19 Jul 2013
The Second Opinion: Legal Causation And The Duty To Warn
A discussion on whether a defendant can be liable for failing to warn about a risk which does not materialize, where this leads the plaintiff to be injured by a second undisclosed risk that, unlike the first, would not have influenced the plaintiff if disclosed.
16 May 2013
"The Elusiveness Of A Workable Test": Government Liability For Negligence
The Supreme Court of Canada’s latest pronouncement on government liability for negligence has muddied the waters.
8 Nov 2011
Widening The Net of Federal Government Liability: Canada (A.G.) v. TeleZone Inc.
Must a litigant who wishes to bring a civil damages claim arising from the unlawful decision of a "federal board, commission or other tribunal" (FBCT) under the Federal Courts Act (Canada) first bring an application for judicial review of the decision in the Federal Court?
2 Jun 2011
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