Mondaq Canada: Litigation, Mediation & Arbitration
Blaney McMurtry LLP
Following are the summaries for this week's two civil decisions of the Court of Appeal for Ontario.
Clark Wilson LLP
Jamieson v. Whistler Mountain Resort, 2017 BCSC 1001, is a reminder to those that operate and participant in dangerous activities that signing waivers has legal implications.
Cox & Palmer
The recent decision of Saadati v. Moorhead raises the question of whether recovery for a mental injury requires expert medical opinion of a "recognized psychiatric illness".
Stewart McKelvey
The recent Nova Scotia Supreme Court decision in Dyack v Lincoln is a nice case study on how to work through a limitations issue. It arrives almost two years after the "new" Limitation of Actions Act...
Cox & Palmer
Rule 30.10(1) of the Prince Edward Island Rules of Civil Procedure allows for production of documents in the possession...
Miller Thomson LLP
But when accidents happen on vacation, victims are often faced with challenges they never expected. In this post, we explain 4 common problems plaintiffs face when they are accidentally injured while travelling.
Howie, Sacks & Henry
When we put our most precious possessions – our body and health – into the hands of healthcare providers, we have every reason to expect they will conduct themselves with extreme care...
Langlois lawyers, LLP
According to the summary of facts set out in the decision of the Supreme Court of Canada, Equustek Solutions Inc., a manufacturer of networking devices in British Columbia, entered into a distribution agreement with...
Gowling WLG
On May 31st, 2017, the Supreme Court of British Columbia, in Yahey v. British Columbia, dismissed the application for an interlocutory injunction of the Blueberry River First Nations...
Bennett Jones LLP
The decision of the Ontario Court of Appeal in Hodge v Neinstein, 2017 ONCA 494, released on June 15, 2017, was surprising with respect to its treatment of the balance between common and individual issues...
Torkin Manes LLP
When parties arbitrate a dispute, as opposed to pursuing litigation in the Courts, there is an understanding that the arbitration should bring the matter to an end.
Borden Ladner Gervais LLP
This type of transaction is referred to as a "busted butterfly", and structuring the transaction this way provided ExxonMobil with more than $20MM in tax efficiencies.
Field LLP
Multiple Questionings on Affidavits was conducted, and the parties submitted many volumes of materials, including conflicting Affidavit evidence.
Norton Rose Fulbright Canada LLP
On August 9, the Ontario Securities Commission (OSC) approved a settlement agreement entered into by Home Capital Group Inc. (HCG), a reporting issuer in the residential and commercial lending business...
Borden Ladner Gervais LLP
The judiciary has occasionally been criticized by the litigation bar for not taking advantage of the summary judgment procedures set out in the Court Rules.
Alexander Holburn Beaudin + Lang LLP
Defamation law and breach of privacy law are separate and distinct, but the two torts are occasionally brought before the courts in the same matter.
Blaney McMurtry LLP
Following are the summaries for this week's civil decisions of the Court of Appeal for Ontario. There were few decisions and nothing particularly noteworthy.
WeirFoulds LLP
Many business contracts include broad arbitration clauses meant to apply to any issue related to the interpretation, application and operation of the contract.
Siskinds LLP
You have a problem and you've talked to your legal representative. You promised to send them some pictures… Here are 3 things you should know.
Bennett Jones LLP
In a recent decision in Talisman Energy Inc v Questerre Energy Corporation, the Alberta Court of Appeal upheld the decision of the Court of Queen's Bench, to place limits on the "pay now, dispute later" structure ...
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Fogler, Rubinoff LLP
On July 26, 2017 the Supreme Court of Canada clarified in two decisions, both involving NEB approvals, that the Crown may discharge its duty to consult with First Nations through steps taken by a regulatory agency, ...
Norton Rose Fulbright Canada LLP
A recent English case offers lessons for Canadian corporations seeking to assert litigation privilege when facing a criminal or quasi-criminal investigation.
Willms & Shier Environmental Lawyers LLP
On July 26, 2017, the Supreme Court of Canada released its unanimous decisions in Clyde River (Hamlet) v Petroleum Geo-Services Inc. and Chippewas of the Thames First Nation v Enbridge Pipelines Inc.
Borden Ladner Gervais LLP
The Alberta Court of Appeal recently released its decision in Alberta v Suncor Inc., 2017 ABCA 221, which clarified an employer's ability to claim privilege over information and materials...
Devry Smith Frank LLP
There is a lot of confusion when it comes to renting property in Ontario with pets. Many Ontarians believe it is illegal for tenants to discriminate against pet owners and that landlords cannot reject potential tenants for their pets.
Borden Ladner Gervais LLP
The Saskatchewan Court of Queen's Bench made an order pursuant to the First Nations Financial Transparency Act, S.C. 2013, c. 7 requiring the Onion Lake Cree Nation to comply with financial disclosure...
Aird & Berlis LLP
On July 19, 2017, the Federal Court of Appeal released its Decision in a case related to the National Energy Board's (NEB) jurisdiction over the proposed Prince Rupert Gas Transmission Project .
McCarthy Tétrault LLP
In R v. Cody, 2017 SCC 31, the Supreme Court of Canada reiterated its earlier call for reform to the criminal justice system, criticizing a "culture of complacency" toward delays.
Gowling WLG
The door is open if you are from west of Ontario or from the three territories, with the custom of regional representation firmly entrenched after some uncertainty before Justice Rowe's appointment in 2016.
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