Mondaq Canada: Litigation, Mediation & Arbitration > Trials & Appeals & Compensation
Aird & Berlis LLP
In its recent decision in Merrifield v. Canada (Attorney General), 2019 ONCA 205, the Ontario Court of Appeal held that a common law tort of harassment does not exist in Ontario.
Norton Rose Fulbright Canada LLP
Foreign judgments in trademark cases are enforceable in Canada. The recent decision of Justice Perell in Dead End Survival, LLC v. Marhasin provides a succinct roadmap for doing so.
Zarek Taylor Grossman Hanrahan LLP
Rescinding a policy to make it void ab initio (i.e., void from its inception date) is a remedy available to insurers at common law where an insurance policy was induced by fraud and/or material misrepresentation in the application or underwriting process.
Zarek Taylor Grossman Hanrahan LLP
Section 128 of the Insurance Act, RSO 1990, c I.8, applies to an insurance policy containing a condition, statutory or otherwise, providing for an appraisal to determine specific matters – typically, the value of insured property – ...
Spiegel Sohmer
Five recent decisions underline the importance for the seller of real estate property to disclose to the prospective buyer all known or suspected defects and problems affecting the immovable, even if apparent...
McLennan Ross LLP
Have you wondered whether you can dispute the validity of a lien after alternate security has been paid into Court? The Court of Queen's Bench recently confirmed that municipal and/or school reserve
Aird & Berlis LLP
The British Columbia Court of Appeal has dismissed an appeal from an order of the province's Supreme Court,
Cassels Brock
On May 27, 2019, the Supreme Court of Yukon considered, in Ross River Dena Council v Yukon,1 whether the Crown's obligations pursuant to the duty to consult change when Aboriginal title is asserted.
WeirFoulds LLP
The Supreme Court of Canada recently weighed in on the doctrines of knowing assistance and corporate attribution when it overturned the majority decision of the Ontario Court of Appeal...
Borden Ladner Gervais LLP
In February 2019, the Alberta Court of Appeal released three decisions on the Drop Dead Rule: Delver v Gladue, 2019 ABCA 54 [Delver], Thiessen v Corbiell, 2019 ABCA 56 [Thiessen]
McCarthy Tétrault LLP
In a 2018 judgment discussed here, the Alberta Court of Queen's Bench held that, by virtue of s. 348 of the Municipal Government Act, municipal tax claims could take priority over a Receiver's charge
Rogers Partners LLP
Over five years after its release, it seems almost trite to say that the Supreme Court's decision in Hryniak v. Mauldin was intended to facilitate efficiencies and cost-effectiveness in the adjudication of civil matters ...
McCague Borlack LLP
The concept of accident benefits is well-known in almost every Canadian jurisdiction.
Lawson Lundell LLP
Borden Ladner Gervais LLP
Mr. Drummond was injured when he tripped over a skateboard in a shopping mall that was managed by Cadillac Fairview. He started an occupier's liability action against the defendant
WeirFoulds LLP
In 1085372 Ontario Limited v. Kulawick, 2019 ONSC 2344, the Honourable Justice Penny dismissed an action to set aside a transaction under s.
Affleck Greene McMurtry LLP
On May 6, 2005, former Edmonton police detective Ross Barros arranged an important meeting with detectives Kevin Brezinski and Kelly Krewenchuk. Barros had re¬cently left policing to become a private investigator.
Rogers Partners LLP
The plaintiff also appealed on the basis that the judge erred in permitting the defence to call two expert psychiatrists.
Borden Ladner Gervais LLP
A certificate of pending litigation (CPL) is registered on title to a property to provide a notice and warning to the public that the property is subject to a court dispute.
Gowling WLG
Last month, in Vedanta Resources PLC & Another v. Lungowe & Others, the UK Supreme Court allowed Zambian citizens to proceed with a claim in the UK against a UK-based mining company
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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)
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
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...
Rogers Partners LLP
Over five years after its release, it seems almost trite to say that the Supreme Court's decision in Hryniak v. Mauldin was intended to facilitate efficiencies and cost-effectiveness in the adjudication of civil matters ...
Is it possible for a party not named in an insurance policy to be entitled to insurance proceeds under that policy?
Blaney McMurtry LLP
Following are the summaries for this past week's civil decisions of the Court of Appeal for Ontario.
Blaney McMurtry LLP
There were five substantive civil decisions released by the Court of Appeal for Ontario this week.
Clark Wilson LLP
Covenants to insure are common in commercial leases and construction contracts.
Howie, Sacks & Henry
Joan Vincent and Roland Rehhorn, the parents of 24- year old Angela Rehhorn, who died on March 10, 2019 on Ethiopian Airlines Flight 302
The Court of Appeal also decided to look into the issue of control, more specifically the criterion used by the trial judge to determine control.
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