Mondaq Canada: Litigation, Mediation & Arbitration
Strigberger Brown Armstrong LLP
The Defendant, Ceeps-Barneys Limited ("the Ceeps"), is a popular pub / sports bar beloved by students of Western University (past and present).
Miller Thomson LLP
Many, if not most, construction contracts contain dispute resolution clauses referring any and all disputes to arbitration.
McCarthy Tétrault LLP
The decision squarely raised the issue of comity at the Federal Court of Appeal.
McLennan Ross LLP
Auditors' liability suffered a significant setback late last year with the release of the Supreme Court of Canada's decision in Deloitte & Touche v. Livent Inc. (Receiver of) ("Livent").
Bennett Jones LLP
Prior to filing, Poseidon had secured debt owing a lending syndicate in excess of $80 million.
McCarthy Tétrault LLP
At first instance, the Superior Court of Justice granted the defendants' motion for a declaration that Ontario did not have jurisdiction over AFCs.
Aird & Berlis LLP
Secured creditors can breathe a sigh of relief. We have received word that the Supreme Court of Canada has allowed the appeal from the bench in Canada v. Callidus Capital Corporation ("Callidus").
Field LLP
The Court assessed liability between a Plaintiff who failed to stop at a stop sign and the driver of a vehicle who did not clearly see the cyclist as a result of a "blind spot" created by a pillar in his vehicle...
Gowling WLG
What is third party funding of litigation? At its most basic, it used to be the giving of money for a "piece of the pie". In exchange for advancing funds, the third party, who had no interest in the litigation, would receive a percentage of the award/judgment or some other payment as agreed.
McCarthy Tétrault LLP
In Pet Valu Canada Inc. v. Rodger, 2018 ONSC 3353, the Ontario Superior Court of Justice ordered the sole shareholder of the representative plaintiff in the Pet Valu class action to pay the franchisor's costs of the class action.
Field LLP
Summary judgment ordering specific performance of a settlement reached during a binding Judicial Dispute Resolution was upheld
McCague Borlack LLP
What has been less clear is what "truly representing the facts" means.
Alexander Holburn Beaudin + Lang LLP
In Khudabux v. McClary, 2018 BCCA 234, the BC Court of Appeal dealt with the often complicated issue of divisible/indivisible injuries and the calculation of damages...
Blaney McMurtry LLP
Following are the summaries for this week's civil decisions of the Court of Appeal for Ontario.
Lawson Lundell LLP
In dismissing the application, the Court directed the parties to agree on a schedule that would lead to a conclusion of the trial of West Moberly's action by no later than mid-2023.
Howie, Sacks & Henry
Monday, October 29, 2018: The Amended Statement of Claim has been served on the Defendants. The Defendants have not yet delivered a statement of defence.
McCarthy Tétrault LLP
Gautam v Canada Line Rapid Transit Inc., 2018 BCSC 1515 demonstrates that class actions do not need to follow the model of a single common issues trial followed by a series of individual hearings.
McLennan Ross LLP
The Supreme Court of Canada has granted leave to appeal in Resolute FP Canada Inc. v. Her Majesty the Queen, signaling a desire by the top court to bring clarity to indemnity clauses between contracting parties...
Bentham IMF Capital Limited
Following a trilogy of cases regarding Bentham's litigation funding last year, Bentham's funding agreements have recently been the subject of three more decisions.
McCarthy Tétrault LLP
They have been developing their arbitration rules to reflect the complexities of large scale, document intensive matters.
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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.
Norton Rose Fulbright Canada LLP
The high (and rising) cost of complex commercial litigation proceedings remains one of the defining features of litigation in Ontario, and across Canada more broadly.
Miller Thomson LLP
2018 was touted as the year the Supreme Court of Canada would consider how religious freedom should be valued as a right guaranteed by the Canadian Charter of Rights and Freedoms.
Dentons
Is it possible for a party not named in an insurance policy to be entitled to insurance proceeds under that policy?
Norton Rose Fulbright Canada LLP
Using cryptocurrency to pay for goods or services is becoming increasingly commonplace in Canada. It is therefore no surprise that the legal treatment of cryptocurrency ...
Cassels Brock
Significant changes to labour and employment laws in Ontario may again be on the horizon.
Blaney McMurtry LLP
Following are the summaries for this week's civil decisions of the Court of Appeal for Ontario.
Bennett Jones LLP
In a recent decision, Rosas v Toca, 2018 BCCA 191 [Rosas], the British Columbia Court of Appeal turned sharply away from traditional contract law principles by holding that parties may modify...
Gowling WLG
The decision of the British Columbia Supreme Court on September 12, 2018 in Copytrack Pte Ltd v. Wall
Dentons
On September 27, 2018, Bill 36, the Cannabis Statute Law Amendment Act (Bill 36), which enacts the Cannabis Licence Act (CLA) and makes amendments to various other pieces of legislation,
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