Searching Content indexed under Civil Law by McCarthy Tétrault LLP ordered by Published Date Descending.
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New World Order? The Disclosure Pilot Comes into Effect
A request for Extended Disclosure does not presume standard disclosure.
23 Jan 2019
L'entreposage en common law et en droit civil
Alors que l'entreposage est une partie considérable des activités de la chaîne d'approvisionnement partout au Canada.
18 Sep 2018
Litigation Funding Agreements: Does The Federal Court Lack Jurisdiction To Approve Third Party Funding Agreements?
To date, there has been limited jurisprudence on whether or not third-party litigation funding agreements require court approval before an action is commenced.
31 Aug 2018
Federal Court Of Appeal Weighs In On Ineffective Assistance Of Counsel And Conflicts Of Interest
In MediaTube Corp. v Bell Canada, 2018 FCA 127 ("MediaTube"), the Federal Court of Appeal explores the history of ineffective assistance of counsel ...
3 Aug 2018
Looking Back – The 10 Most Important Appeals Of 2016
The Appeals Monitor is pleased to present our annual review of the most significant appellate decisions of the past year.
14 Feb 2017
New Code Of Civil Procedure In Québec: One Year After
On January 1st, 2016, the Act to establish the new Code of Civil Procedure came into force in Québec. Seeking to make justice more accessible, the current CCP simplifies procedure in some respects ...
11 Jan 2017
The Supreme Court Of Canada Rules That Québec's Farm Income Stabilization Program Is Not An Insurance Contract Subject To Public Law Rules
Two companion decisions of the Supreme Court of Canada were recently released in cases included on our Appeals to Watch in 2016 list, Ferme Vi-Ber inc. v. Financière agricole du Québec, 2016 SCC 34, and Lafortune v. Financière agricole du Québec, 2016 SCC 35.
21 Sep 2016
Ontario Court Of Appeal Implies New Prohibition Into Rules Of Civil Procedure: Pre-Trial Conference Judges Cannot Decide Summary Judgment Motions In The Same Action
The purpose of a pre-trial conference is to provide parties with a forum to obtain an appraisal from a judge of their respective positions on the outstanding issues between them...
13 Sep 2016
The SCC Monitor (02/08/2016) - A Commentary On Recent Legal Developments By The Canadian Appeals Monitor
Since our last post, the Supreme Court has granted and denied leave in a few significant cases that will be of interest to our readers.
8 Aug 2016
Calculating Damages For False Estoppel
The Quebec Court of Appeal has recently partially overturned a lower court ruling that awarded damages for a false estoppel signed by a tenant based on application...
1 Jun 2016
Standard Of Review Of Administrative Action: Coherence Post-Dunsmuir?
It was widely hoped that the Supreme Court of Canada decision in Dunsmuir v. New Brunswick would simplify the judicial review of administrative action by limiting the scope of review to two standards: reasonableness and correctness.
25 Apr 2016
Good To Go: Court Adopts Flexible Approach To Reformulating Classes On Certification Appeal
On April 6, 2016, the Ontario Court of Appeal released its decision in Good v. Toronto (Police Services Board). The case concerns the certification of a proposed class in a proceeding arising from events surrounding the G20 Summit held in Toronto in June 2010.
22 Apr 2016
Cavendish v Talal And Parkingeye v Beavis: The UK Supreme Court Provides A Refresher On Penalty Clauses
The common law penalty rule is poorly understood but can have disastrous consequences for contracting parties who do not consider it when setting out remedies for contractual breach
2 Dec 2015
SCC Monitor Post (24/04/2015)
Since our last post, the Supreme Court has released a number of significant decisions, including a decision about the standard of review applicable to statutory appeals and the test for civil contempt.
24 Apr 2015
Apprehending Reasonable Apprehension Of Bias
The Ontario Court of Appeal has allowed three civil appeals on the basis of reasonable apprehension of bias in the last few months.
15 Dec 2014
Ontario Superior Court Offers Guidance On Applying "Hryniak" To Abbreviate Actions
The Ontario Superior Court of Justice forcefully adopted the Supreme Court of Canada’s new credo for summary judgment articulated in Hyrniak v Maudlin.
12 Dec 2014
Can I Sue The Federal Government? If So, In What Court And Where?
The forum in which to litigate is a difficult decision in any case that crosses provincial or national borders. It is even more complicated in claims against the federal government.
2 Dec 2014
A Costly Choice (Of Law): Determining The Damages Available For An Extra-Territorial Tort
The recent UK Supreme Court decision in Cox v Ergo Versicherung AG, [2014] UKSC 22, provides helpful commentary and a potentially persuasive precedent for Canadian courts on issues of choice of law, the distinction between substance and procedure in the conflict of laws, and legislative extraterritoriality in circumstances where a cause of action is governed by a foreign law.
19 Aug 2014
Intrusion Upon Seclusion Part 2: Implications For Businesses Across Canada
The availability of the tort of intrusion upon seclusion as a class action matter should concern companies given the generally low threshold for class action certification.
4 Jul 2014
Employer’s Potential Liability In Class Action For Employee’s Breach of Privacy A Good Reminder For All
A decision of the Ontario Superior Court of Justice highlights the increasing focus on customers’ and clients’ privacy rights.
26 Jun 2014
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