Mondaq Canada: Litigation, Mediation & Arbitration
Blaney McMurtry LLP
There were only three substantive civil decisions released by the Court of Appeal this week.
Borden Ladner Gervais LLP
On November 13, 2018, Justice Keene of the Queen's Bench for Saskatchewan released a decision staying a class action filed in Saskatchewan with respect to the Equifax cybersecurity breach incident that occurred in 2017
Strigberger Brown Armstrong LLP
This case involves an accident at QK Fitness ("QK") when the plaintiff, Fatemeh Hosseinkhani (the "plaintiff"), tripped and fell on a dumbbell during a gym class.
Clark Wilson LLP
In a recent decision, JACOS v. Toyo Engineering, the Alberta Court of Queen's Bench ordered that two related commercial arbitration proceedings ...
Blake, Cassels & Graydon LLP
The Ontario Court of Appeal (Court) has unanimously overturned the lower court's decision in Heller v. Uber Technologies et al.
The Federal Court's recent decision in Atlas Tube Canada ULC v MNR showcases an important advantage that lawyers bring to multi-disciplinary teams working on corporate transactions, namely solicitor-client privilege.
Gluckstein Personal Injury Lawyers
Psychological injuries such as posttraumatic stress disorder (PTSD) are defined as natural emotional responses to dangerous or frightening situations that present either real or perceived harm.
Rogers Partners LLP
In Abyan v. Sovereign General Insurance Company (FSCO A16-003657, September 14, 2017), Arbitrator Dory found two provisions of the Statutory Accident Benefits Schedule to be unconstitutional ...
Siskinds LLP
It is easy to see how termination entitlements are requirements that apply to an employment for the benefit of an employee.
Gowling WLG
This article summarizes the 10 most significant Supreme Court cases of 2018, as selected by Gowling WLG's Supreme Court of Canada Services Group.
Babin Bessner Spry LLP
In a recent decision of the Ontario Court of Appeal, the Court found that a motion judge erred in awarding partial summary judgment and dismissing a professional negligence claim against a law firm.
McMillan LLP
The Plaintiff also sought $400 million in damages.
McCague Borlack LLP
The past decade has given rise to the ‘sharing economy', which has since become ubiquitous and has raised an assortment of legal issues for stakeholders and policymakers as a result.
Blaney McMurtry LLP
There were only two substantive civil decisions of the Court of Appeal this week. Most notably, in Heller v Uber Technologies Inc., the Court revived a proposed class action ...
Bennett Jones LLP
Section 26 of the Tax Court of Canada Rules (General Procedure)1 (the "Tax Court Rules"), referred to as "Rule 26", can be useful where multiple taxpayers are involved in related matters
McCarthy Tétrault LLP
As the rhetoric on carbon pricing between the federal government and certain provinces ramps up, the Canadian Chamber of Commerce (the Chamber) ...
Bereskin & Parr LLP
Privilege protects certain information and communication from disclosure. In-house counsel – as legal and business advisers to a company – must understand the limitations
Miller Thomson LLP
In the Ontario Court of Appeal decision of Smith v. Safranyos, 2018 ONCA 760, the Court considered an appeal from the trial decision of a claim arising from a serious car accident.
Borden Ladner Gervais LLP
As autonomous vehicles evolve, the interconnected nature of these products may expose a wide group of consumer issues such as vehicle safety concerns or privacy breaches.
Affleck Greene McMurtry LLP
In its unanimous decision in Lavender v. Miller Bernstein LLP released on September 5, 2018, the Court of Appeal for Ontario made it clear that notwithstanding the liability imposed by the Supreme Court of Canada ("SCC") in the recent auditor's negligence case of Livent v. Deloitte & Touche.
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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.
Clark Wilson LLP
The case of Gully v Gully, 2018 BCSC 1590 provides useful insight on a peril of putting property into joint tenancy. The decision illustrates the importance of considering the financial status...
McCarthy Tétrault LLP
Late last week, the NYAG filed a law suit in the Supreme Court of the State of New York against Exxon alleging that Exxon violated, among other things, the securities fraud provisions of a 1921 New York statute...
Bennett Jones LLP
On December 11, 2018, the Alberta government issued an Expression of Interest (EOI) to determine private sector interest in building or expanding a refinery in Alberta to use more Alberta heavy oil.
Blaney McMurtry LLP
Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for failure to comply with disclosure order)
McCarthy Tétrault LLP
In Cottrill v. Utopia Day Spas and Salons Ltd.,[1]a recent decision of the British Columbia Court of Appeal, the Court set aside an award of $15,000 in aggravated damages to a wrongfully dismissed
Borden Ladner Gervais LLP
As autonomous vehicles evolve, the interconnected nature of these products may expose a wide group of consumer issues such as vehicle safety concerns or privacy breaches.
Blaney McMurtry LLP
Following are our summaries of the civil decisions of the Court of Appeal for Ontario released this past week.
Gowling WLG
In Canada v. Atlas Tube Canada ULC, the Federal Court (FC) ordered a draft due diligence report prepared by Ernst & Young LLP (Canada) to be produced to the Canada Revenue Agency (CRA).
Blaney McMurtry LLP
As expected at this time of year, it was a quiet week at the Court of Appeal for Ontario.
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