Mondaq Canada: Litigation, Mediation & Arbitration
In the latest legal development impacting the temporary foreign workers program, the Federal Court struck out an attempt by the United Steelworkers Union to challenge Labour Market Opinions issued for the hiring of temporary foreign workers.
It should not come as a surprise to anyone that the terms of a contract matter. Courts, however, are sometimes inclined to base the obligations of contracting parties on what the court perceives to be "reasonable" or "fair" rather than on what the terms of the contract actually say.
A summary of Lerners' Top 5 Ontario civil appeals decisions from April, 2013.
In a recent decision, the Federal Court of Appeal provides a useful reminder of the extent to which the solicitor-client privilege applies to policies agreed upon by several parties.
Top 5 Civil Appeals from the Court of Appeal (May 2013)
In a recent decision, the Divisional Court of Ontario further confirmed the approach to, and difficulty with, "misclassification" overtime class-actions.
A discussion on whether a party that has failed to consummate a transaction can get back a deposit.
The Supreme Court of Canada heard arguments this week in three cases of interest to Canadian business and professions, and reserved judgment in each.
A discussion on a recent case where the plaintiff argued that e-mails between 8 identified principals of the employer which mentioned his name should be produced.
A discussion on a recent case, where the subject matter involved the termination of an employee and allegations of bad faith against the former employer.
A discussion on a recent case, where both parties in the matter complained of deficient documentary disclosure but for different reasons.
In September, 2010, the Statutory Accident Benefits Schedule was amended to introduce the Minor Injury Guideline.
The Ontario Court of Appeal has confirmed the proper reading of the latest Alberta Court of Appeal decision on service ex juris under Alberta law.
The Ontario Court of Appeal has recently released its decision in 1250264 Ontario Inc v Pet Valu Canada Inc, which addresses the propriety of communications among class members during the "opt-out" period when class members may remove themselves from a class proceeding.
The Supreme Court of Canada recently rendered a decision in Penner v Niagara, regarding the application of issue estoppel.
The decision handed down by trial judge Daniel H. Tingley in a case pitting 21 former "Dunkin' Donut" franchisees against their franchisor, Dunkin' Brand Canada Ltd. ("Dunkin' Brands"), was appealed by Dunkin' Brands on July 23, 2012.
There Is A Border In Cross-Border Proceedings: NASDAQ Purchasers Excluded From Ontario Class In IMAX
Those who have been following the progress of the securities class action saga of Silver v. IMAX will be interested to note that another decision in the long-running case has been released.
The Quebec Superior Court has recently rendered a unique decision limiting class actions in an important way.
A discussion on whether a defendant can be liable for failing to warn about a risk which does not materialize, where this leads the plaintiff to be injured by a second undisclosed risk that, unlike the first, would not have influenced the plaintiff if disclosed.
Angelo Caradonna and Alessio Vella entered into a business venture and together opened a joint bank account taking possession of shares of three properties.
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Back in July 2012, we covered "PVYW v Comcare" (No 2), [2012] FCA 395, which concerned an employee in the HR department of an Australian government agency who was injured on a work-related trip to a country town in New South Wales.
A discussion on the key aspects lawyers should be aware of, and consider when conducting a negotiation.
Amato v. Welsh, 2013 ONCA 258 marks an interesting development in the law – it suggests the previously inviolable doctrine of absolute privilege which protects lawyers from suit may admit an exception.
When purchasing a home, the purchaser should be aware that the doctrine of "Caveat Emptor" or "let the buyer beware" generally applies to the sale of a property.
On April 11, 2013, the Ontario Superior Court dismissed a $150-million claim for damages by three former medical residents against the University of Ottawa.
A Canada Revenue Agency audit initiative is targeting taxpayers who have recently sold condominium units they did not occupy or occupied for only a short period of time.
Top 5 Civil Appeals from the Court of Appeal (April 2013)
A discussion on the Ontario Court of Appeal's decision in R. v. Nedelcu (2011).
A discussion on a recent case, where the Court of Queen’s Bench for Saskatchewan has sent a strong message to insurance companies, by setting new high-water marks for punitive damage awards.
The Ontario Superior Court of Justice has recently approved a settlement by Ernst & Young LLP in the Sino-Forest Canada class proceedings.
