Mondaq Canada: Litigation, Mediation & Arbitration
Goodmans LLP
Today, in Rankin (Rankin's Garage & Sales) v JJ, the Supreme Court of Canada (SCC) overturned an Ontario Court of Appeal decision which found that an owner of a commercial car garage owed a duty of care to a teenager who was injured after he and his friend stole a vehicle from the garage and went on a joyride
Torkin Manes LLP
The Report begins by highlighting that the CPSO receives the largest number of complaints against physicians of any health regulator in Canada.
Strigberger Brown Armstrong LLP
In the recent decision of Helmer v. Belairdirect Insurance Company, the Divisional Court dismissed the appeal a LAT adjudicator's decision addressing the contentious issue of when professional service providers...
Lawson Lundell LLP
PCR was also held to have breached its contract with IFP by disposing of its interest to a third party without IFP's consent, which consent was reasonably withheld.
Field LLP
Where the lease specifies that the Landlord is obligated to take out fire insurance, the tenant is presumed to generally from the insurance proceeds (even where the fire is caused by the tenant's negligence) ...
While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose – to critique the opposing expert.
Field LLP
A claimant is not required to sue all tort-feasors in order to collect under the OCPF 44 Endorsement (and the Alberta SEF 44 Endorsement).
Field LLP
The Plaintiff and Defendant were long-time friends on a two-week motorcycle trip through the Western United States in August 2014.
Field LLP
Nasr Hospitality Services Inc. [NHS] was flooded January 31, 2013 in Ontario. The loss was immediately reported to the insurer, Intact.
Field LLP
An admission of liability in an action is not a formal admission binding the party making it in a subsequent action relating to the same accident, but is only evidence in the second action to be attributed...
Field LLP
An Insured has no obligation to include an Insurer's subrogated claim in an action to recover losses in excess of its insurance coverage.
Field LLP
A tenant of a shopping centre may be an "occupier" of a sidewalk in front of its leased premises in some circumstances, or owe visitors a common law duty of care regarding same ...
Field LLP
An Ontario court declined to order a personal injury Plaintiff who had posted pre-accident activities on her public Facebook profile to produce her private profile, even where she planned to call...
Goodmans LLP
With no right of discovery in advance of certification, class counsel have been increasingly looking for other avenues to obtain information to assist with their certification motions.
Zarek Taylor Grossman Hanrahan LLP
Once a jury renders a verdict in a motor vehicle personal injury action, unless counsel have worked together to agree prior to trial on many of the contentious issues many trial counsel turn their mind...
Blaney McMurtry LLP
In an attempt to keep LTD counsel apprised of any significant LTD case law, Eric Schjerning will send this update whenever warranted by new case law. It may be 4 times per year or only once
Strigberger Brown Armstrong LLP
The Supreme Court of Canada has weighed in on the duty of care owed by a business that stores vehicles to someone who is injured following the theft of a vehicle.
Blaney McMurtry LLP
Following are summaries of this week's civil decisions of the Court of Appeal of Ontario.
Gowling WLG
On April 20, 2018, the Supreme Court of Canada released its decision in Office of the Children's Lawyer v. Balev, 2018 SCC 16 ("Balev") in which it adopts a new approach ...
Babin Bessner Spry LLP
In a decision released May 7, 2018, the Court of Appeal settled the conflicting body of case law as to whether section 18 of the Limitations Act, 2002, SO 2002, c 24 (the "Act") sets out an absolute...
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Stewart McKelvey
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McCarthy Tétrault LLP
The Ontario Court of Appeal has released its decision confirming that where it is possible to give effect to a mandatory arbitration clause, the court will strive to do so.
Blaney McMurtry LLP
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Miller Thomson LLP
The courts of appeal of British Columbia and Alberta have recently released decisions dealing with the effect of discretion and privilege clauses often used by owners in calls for competitive bids.
Strigberger Brown Armstrong LLP
Employers often provide their employees with access to long-term disability benefits through a group benefit plan. These benefits are usually provided and administered by a third party insurer.
Blaney McMurtry LLP
Following are summaries of this week's civil decisions of the Court of Appeal for Ontario.
Tapper Cuddy LLP
Medical malpractice claims refer to lawsuits brought against health care professionals, such as doctors, nurses and hospitals, where substandard medical care was provided that resulted in preventable injuries.
Bentham Capital LLC
Managing the risk and cost of litigation is a challenge for many businesses. They may forgo meritorious and potentially profitable litigation due to budgetary pressures
Bereskin & Parr LLP
The Google injunction saga continues.
Lawson Lundell LLP
The case involved the application of litigation privilege to an internal incident investigation conducted following a workplace fatality.
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