Mondaq Canada: Litigation, Mediation & Arbitration > Trials & Appeals & Compensation
Norton Rose Fulbright Canada LLP
In CanMar, the patentee contended that two elements of the claim at issue were non-essential.
Borden Ladner Gervais LLP
In D.S. v. Quesnelle the Ontario Superior Court held that the cap on general damages of $100,000 set by the "trilogy" Supreme Court of Canada cases did not apply to intentional torts.
McCarthy Tétrault LLP
In a recent class action, a comma in a pension plan was alleged to have generated a dispute of more than $100 million.
Bereskin & Parr LLP
For the first time, the Supreme Court of Canada has addressed Crown copyright (i.e. when copyright will be deemed to belong to the Canadian government)
Siskinds LLP
"Privity of contract" is a common law tradition. The rights and obligations imposed by contracts are private – strangers to the contract generally have no entitlement to enforce such rights
Borden Ladner Gervais LLP
On August 30, 2019, the Ontario Court of Appeal dismissed the employer's appeal in Andros v. Colliers Macaulay Nicolls Inc. (Andros),1 thereby affirming the motion judge's finding ...
Fasken (French)
En 2014, Revenu Québec a envoyé une demande péremptoire de renseignements et de documents en vertu de l'article 39 de la Loi sur l'administration fiscale (Québec) à une succursale
Blaney McMurtry LLP
Following are this week's summaries of the civil decisions of the Court of Appeal for Ontario.
Lawson Lundell LLP
A former member of government charged with corruption offences. A CBC journalist investigating. Her sources allegedly came from within a government
Dentons
As discussed in our previous post,the fluctuating cost of automobile insurance and the extent to which insured persons can rely on insurance protection
Clark Wilson LLP
On September 26, 2019, the Supreme Court of Canada (the "Court") rendered its judgment in Keatley Surveying Ltd. v Teranet Inc., 2019 SCC 43
McLennan Ross LLP
As Alberta courtroom availability grows increasingly strained, the rules concerning delays in reasonably advancing lawsuits have received greater attention.
McLennan Ross LLP
Workers' Compensation is a government-run, mandatory no-fault insurance program that provides compensation to injured workers without regard to fault or the employer's ability to pay.
Blaney McMurtry LLP
A patent file wrapper (also known as prosecution history) generally refers to the correspondence between the patent office and an applicant regarding why a patent should be granted
Alexander Holburn Beaudin + Lang LLP
Two recent BC Supreme Court decisions address the issue of when an insurer may be entitled to void an insurance policy due to the insured failing to disclose a "material change in risk".
Clark Wilson LLP
A common question raised by individuals upon entering litigation is how legal fees will be paid if they are successful in court.
Rogers Partners LLP
In Kahlon v. ACE INA Insurance, 2019 ONCA 774, the Ontario Court of Appeal held that a commercial truck driver was not entitled to underinsured coverage from either his personal automobile insurer or a fleet insurer.
Borden Ladner Gervais LLP
SLFI Group v. Canada1(SLFI Group) is an important decision from the Federal Court of Appeal (FCA) with respect to the application of GST/HST to fund management activities.
Siskinds LLP
Do you have a right to block surface water from entering onto your property? Can you modify a natural watercourse? Are you legally obligated to prevent surface water on your property
McCarthy Tétrault LLP
A New Era in Journalist Source Protection: The Supreme Court of Canada Clarifies section 39.1 of the Canada Evidence Act.
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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)
Siskinds LLP
On August 28, 2019 the Minister of Environment, Conservation and Parks announced Ontario's appeal of the Court of Appeal's decision on the constitutionality of the federal Greenhouse Gas
Blaney McMurtry LLP
In Dermann v. Baker, 2019 ONCA 584, the Court considered the qualifying of certain witnesses as experts for the purposes of r. 53.03 of the Rules of Civil Procedure
Blaney McMurtry LLP
There were five substantive civil decisions released by the Court of Appeal for Ontario this week. In two of them, the Court continued to provide guidance on the "valid defence" ...
Osler, Hoskin & Harcourt LLP
Québec's Court of Appeal rendered its long-awaited ruling on the scope of the Court of Québec's jurisdiction on September 12, 2019. Essentially,...
Dentons
Is it possible for a party not named in an insurance policy to be entitled to insurance proceeds under that policy?
Gluckstein Personal Injury Lawyers
In the wake of changing norms and greater understandings surrounding sexual violence, there have been several recent high-profile claims of sexual assault against physicians
Norton Rose Fulbright Canada LLP
Canada is the only G20 country without a national securities regulator.
Blaney McMurtry LLP
In Hughes v. Liquor Control Board of Ontario, the Court affirmed a motion judge's dismissal of a proposed class action against the LCBO stemming from an agreement between the LCBO and Brewer's
Clark Wilson LLP
A recent decision of the Ontario Superior Court of Justice, MacFarlane v. Canadian Universities Reciprocal Insurance Exchange
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