Mondaq All Regions: Litigation, Mediation & Arbitration
WeirFoulds LLP
Recent cases from the Ontario Court of Appeal address issues regarding deposits in failed purchase and sale transactions.
Burnet, Duckworth & Palmer LLP
The Supreme Court of Canada (SCC) recently issued its decision (11 October 2018) in Mikisew Cree First Nation v. Canada, finding that the duty to consult does not apply to the development of legislation by ministers.
Torkin Manes LLP
In Ontario, class actions are governed by the Class Proceedings Act[1], (the "CPA"). Class actions allow an individual to advance a legal claim on behalf of two or more persons where common issues exist.
Soulier Avocats
Consacré par l'Assemblée Plénière de la Cour de cassation en février 2009[1], le principe de l'estoppel permet une cohérence des débats en interdisant ...
Mayer Brown
The English Commercial Court recently denied an applicant's attempt to set aside a worldwide freezing order on the basis that there was a risk that the individual would try to hide his wealth if the order was discharged.
Herbert Smith Freehills
Members of the HSF Paris disputes team have played a key role in obtaining a successful ICSID award for Chèque Déjeuner ("CD"), the French meal voucher issuer.
Herbert Smith Freehills
The High Court has imposed severe sanctions on a claimant who "genuinely but mistakenly" thought it was acceptable to file a costs budget excluding the phases of trial preparation and trial:
4 New Square Chambers
When things go wrong in this situation, the courts always say that service should not be left to the last minute.
Ince & Co
This case involved a charterparty with two different, and potentially conflicting, arbitration provisions.
Michelmores LLP
The trust included land which could potentially be developed. Four of the children died, some intestate and the claimants were their offspring.
Clyde & Co
Court of Appeal examines the requirements for an order for deemed service by an alternative method
Clyde & Co
Court retrospectively validates service of claim form on solicitors who were not authorised to accept service but permission to appeal is given
Clyde & Co
Judge refuses to grant security for costs on the basis that the claim would be stifled
Cadwalader, Wickersham & Taft LLP
The New York State Court of Appeals upheld a decision that contractual attempts to extend the statute of limitations for causes of action dealing with breaches of contracts are unenforceable on the grounds...
McLane Middleton, Professional Association
A. Although it depends on the particular factual circumstances, generally speaking, legal fees are not recoverable in the majority of litigation proceedings.
Reed Smith
Not long ago we published, as a guest post, a 50-state survey of state tolling statutes that governed whether, and under what circumstances, actions dismissed on a non-merits basis...
Akin Gump Strauss Hauer & Feld LLP
Earlier this year, the Department of Justice (DOJ) provided some relief to defendants facing abusive False Claims Act (FCA) qui tam actions when it issued the Granston memo,
Lewis Roca Rothgerber Christie LLP
The revised JRAD Rules and accompanying forms stem from the Court's initiative to promote access to justice.
Schnader Harrison Segal & Lewis LLP
These developments raise issues that were first addressed in the 1967 Supreme Court decision, Garrity v. New Jersey.
Jones Day
The North American Free Trade Agreement ("NAFTA") enables Canadian, Mexican, and U.S. investors to bring arbitrations against the Canadian, Mexican, and U.S. governments for violations of the treaty
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Blaney McMurtry LLP
In Atos IT Solutions v Sapient Canada Inc., the Court confirmed that the "minimum performance principle" places a common law limit on expectation damages for breach of contract.
Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
Krishnomics Legal
The Negotiable Instruments Act, 1881 ("the Act") was enacted to characterize and define the law relating to authoritative records like Promissory Notes, Bills of Exchange and Cheques.
Cooper Grace Ward
Resource companies are failing to adequately compensate for the disruption to the business activities of the landowner.
Die Geltendmachung von wechselseitigen Ansprüchen (Claims) zwischen Auftraggeber (AG) und Auftragnehmer (AN) ist in großen Bauprojekten unvermeidbar.
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA).
Khurana and Khurana
The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190.
Coleman Greig Lawyers
This brand dispute is highlighting the importance of properly drafted Intellectual Property Licence Agreements.
Vaish Associates Advocates
The flow chart is indicative & for general guidance only.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
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