Mondaq Canada: Litigation, Mediation & Arbitration
Will Davidson LLP
An unusually high number of pedestrians were struck and killed by vehicles in Toronto over the first three months of 2018, raising concerns among safety advocates, city planners, and personal injury lawyers.
Will Davidson LLP
Each year, thousands of Canadians are killed or seriously injured in motor vehicle accidents.
Rogers Partners LLP
Ultimately, Master Jolley held that section 18 creates a rebuttable presumptive two year limitation for claims for contribution and indemnity, which is subject to the principle of discoverability.
Babin Bessner Spry LLP
The Ontario Court of Appeal recently affirmed the Superior Court's decision in Kanak v. Riggin that statements made in an employment reference are protected by qualified privilege, regardless of...
Affleck Greene McMurtry LLP
The Supreme Court of Canada has agreed to hear an appeal from TELUS Communications Inc. in a class action that alleges that TELUS overcharged customers by rounding up calls...
Bennett Jones LLP
The Supreme Court of Canada's spring term begins on April 16, 2018. Chief Justice Wagner has already put his stamp on the Court ...
Zarek Taylor Grossman Hanrahan LLP
Once a jury renders a verdict in a motor vehicle personal injury action, unless counsel have worked together to agree prior to trial on many of the contentious issues many trial counsel turn their mind...
Burnet, Duckworth & Palmer LLP
Resolving a dispute by way of trial can be a time-consuming and expensive endeavour.
Aitken Klee
In its judgment dated February 22, 2018, the Federal Court of Appeal dismissed Eli Lilly's appeal from the judgment of Justice O'Reilly that had resulted in an award of $70 million in favour of Teva Canada.
Bentham Capital LLC
Managing the risk and cost of litigation is a challenge for many businesses. They may forgo meritorious and potentially profitable litigation due to budgetary pressures
WeirFoulds LLP
In Heller v. Uber Technologies Inc. et al., 2018 ONSC 718, the Ontario Superior Court (Perell, J.) stayed a proposed class action against several Uber entities because the agreements between...
CLC (Canadian Litigation Counsel)
In an unreported decision, Hannam et al v. Medicine Hat School Division No. 76, Master Robertson dismissed a claim from the bench after hearing oral arguments.
Blaney McMurtry LLP
In Nodel v. Stewart Title Guaranty Company, 2018 ONCA 341, the title insurer, Stewart Title, sought to avoid coverage for a mortgage fraud on the basis of an exclusion that purported to exclude...
Strigberger Brown Armstrong LLP
As Ontario's auto insurance industry was waiting anxiously, the Court of Appeal for Ontario released an interesting decision on priority dispute notices to claimants.
Strigberger Brown Armstrong LLP
The Ontario Court of Appeal just released its decision in Tondat v Hudson's Bay Company et al.
Langlois lawyers, LLP
On December 21, 2017, in the matter of Neumann v. Collège des médecins du Québec1, the Quebec Superior Court rendered an interesting decision regarding the power of the executive committee...
MacDonald & Associates
The Ontario Human Rights Code was amended in 2008 to include s. 46.1 allowing courts to award damages for violations of the Code in wrongful dismissal cases.
Bennett Jones LLP
Ms. Karren Stefanyk was injured after she was startled by a dog outside of a Sobeys grocery store. Ms. Stefanyk sued the dog's owner, the landlord, and Sobeys Capital Incorporated ("Sobeys").
McCarthy Tétrault LLP
Class actions commenced in Montreal will soon undergo a significant procedural change. Starting December 31, 2018, a designated team of judges will be tasked with case managing and hearing all applications ...
McCarthy Tétrault LLP
On February 15, 2018, the Canadian Bar Association (the "CBA") approved the "Canadian Judicial Protocol for the Management of Multi-Jurisdictional Class Actions" (the "Protocol")...
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Roper Greyell LLP – Employment and Labour Lawyers
More than a year after the merits of Ms. McCue's complaint were heard, the B.C. Human Rights Tribunal (the "Tribunal") has dismissed this case in its entirety.
McCarthy Tétrault LLP
The Ontario Court of Appeal has released its decision confirming that where it is possible to give effect to a mandatory arbitration clause, the court will strive to do so.
Blaney McMurtry LLP
It has been a busy week at the Court of Appeal and a notable one at our office. I would first like to congratulate Varoujan Arman and Megan Hodges of our office, who successfully responded to an appeal ...
Gowling WLG
A U.S. data breach class action has settled for $80 million, bringing the action, which commenced in early 2017, to a relatively quick and, for the putative class, satisfying end.
Bereskin & Parr LLP
In this article, we summarize our top picks of copyright decisions from the past year, including decisions that address:
Strigberger Brown Armstrong LLP
Employers often provide their employees with access to long-term disability benefits through a group benefit plan. These benefits are usually provided and administered by a third party insurer.
CLC (Canadian Litigation Counsel)
In Stefanyk v. Sobeys, 2018 ABCA 125, the Alberta Court of Appeal recently confirmed the standard of proof for summary judgment applications as the civil standard.
Burnet, Duckworth & Palmer LLP
In this comment, I discuss British Columbia's Civil Resolution Tribunal. Through a discussion of its processes, I argue that online dispute resolution should be expanded throughout Canada.
Bereskin & Parr LLP
Dans l'affaire Andrew Collett v. Northland Art Company Ltd. et al (2018 FC 269), le juge Gleeson de la Cour fédérale a accordé 100 000 $ en dommages-intérêts pour violation de droit d'auteur et de droits moraux...
Blaney McMurtry LLP
In Nodel v. Stewart Title Guaranty Company, 2018 ONCA 341, the title insurer, Stewart Title, sought to avoid coverage for a mortgage fraud on the basis of an exclusion that purported to exclude...
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