Mondaq Canada: Litigation, Mediation & Arbitration
Borden Ladner Gervais LLP
​In Jaycap Financial Ltd v Snowdon Block Inc, 2019 ABCA 47 [Jaycap], the Alberta Court of Appeal recently reminded Receivers that they have a duty to be transparent and provide the Court with evidence to meet...
Lenczner Slaght LLP
A recent decision of the Ontario Superior Court of Justice affirms the preference of Ontario courts for enforcing arbitration provisions between parties to commercial agreements.
Gowling WLG
On February 4, 2019, the Court of Appeal of Quebec released its decision in the matter of Callidus Capital Corporation and al. v. 9354-9186 Québec Inc. (formerly Bluberi Gaming Technologies Inc.).
CLC (Canadian Litigation Counsel)
The Supreme Court of Canada released its decision in the application for leave to appeal by the Plaintiff in the matter of McIver v McIntyre.
Gardiner Roberts LLP
Monetary Penalties Levied Against Advisors In A Tax Case, Guindon V. Canada: Unconstitutional?
Blake, Cassels & Graydon LLP
The majority clarified that the above criteria are not sequential in nature.
Gluckstein Personal Injury Lawyers
Good Samaritan laws provide legal protection for ordinary people who step up to help in an emergency.
McLennan Ross LLP
On February 6, 2019, the Alberta Court of Appeal released the Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. 2019 ABCA 49 ("Weir-Jones") decision.
Blaney McMurtry LLP
Following are the summaries for this week's civil decisions of the Court of Appeal for Ontario (there were only three substantive decisions).
Clark Wilson LLP
The Ontario Court of Appeal recently invalidated a mediation/arbitration clause used by Uber in its standard form driver's contract.
Field LLP
The law of summary judgment in Alberta has recently been in flux regarding the standard of proof required to resolve a dispute summarily: some panels of the Court have held that proof on a balance
Burnet, Duckworth & Palmer LLP
On February 6, 2019, the Alberta Court of Appeal released an eagerly awaited decision resolving a rift among Alberta judges on the test for summary judgment:
McCarthy Tétrault LLP
Last fall, the Competition Bureau (the "Bureau") and the Public Prosecution Service (acting under the direction of the Director of Public Prosecutions, the "DPP")
Gluckstein Personal Injury Lawyers
Dog owners, be warned: you could feel a legal bite for your best friend's aggressive action. Dog attacks are a regular occurrence in Ontario and across the country.
McLennan Ross LLP
On February 6, 2019, the Alberta Court of Appeal released its decision in Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35 ("Brookfield").
McLennan Ross LLP
Palpable errors are those which are so obvious that they can easily been seen or known; readily or plainly seen.
Borden Ladner Gervais LLP
A "very active crack cocaine trafficker" is acquitted of a crime because the wiretap evidence against him is excluded in his criminal trial. What happens when he brings a civil action
Dickinson Wright PLLC
A recent Ontario Court of Appeal decision may have significant implications on the interpretation of "dispute resolution" provisions contained in employment and independent contractor agreements.
McCarthy Tétrault LLP
Can a judge unilaterally "rewrite" an executed settlement agreement that approves class counsel fees by lowering the amount payable and putting conditions on those fees, when neither party agrees to the changes?
McLennan Ross LLP
Canadian Courts have consistently held that arbitration clauses are to be given a large and liberal interpretation.
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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.
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...
McCarthy Tétrault LLP
Late last week, the NYAG filed a law suit in the Supreme Court of the State of New York against Exxon alleging that Exxon violated, among other things, the securities fraud provisions of a 1921 New York statute...
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)
Bennett Jones LLP
On December 11, 2018, the Alberta government issued an Expression of Interest (EOI) to determine private sector interest in building or expanding a refinery in Alberta to use more Alberta heavy oil.
Gowling WLG
In Canada v. Atlas Tube Canada ULC, the Federal Court (FC) ordered a draft due diligence report prepared by Ernst & Young LLP (Canada) to be produced to the Canada Revenue Agency (CRA).
Bennett Jones LLP
No. Nothing precludes a civil proceeding from progressing in parallel with, or in advance of, criminal proceedings concerning the same subject matter.
Burnet, Duckworth & Palmer LLP
On January 16, 2019, Alberta Court of Appeal Justice Ritu Khullar issued a decision in Fort McKay Métis Community Association v Alberta Energy Regulator
Torkin Manes LLP
Canada has always been a great place for non-Canadians to do business. Moreover, during the last twenty years, it has stood out among the world's nations as one of the most stable business environments, ...
Goldman Sloan Nash & Haber LLP
The Court of Appeal's decision firmly establishes that these trusts can be effective after bankruptcy.
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