Mondaq Canada: Litigation, Mediation & Arbitration
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April saw the court release decisions dealing with termination provisions in an employment contract, the requirements for registration as a status Indian, application of the law of misnomer in an action against a trade union, forfeiture of a deposit on a commercial real estate transaction, and fiduciary duties owed within a professional partnership
McCague Borlack LLP
In Humphreys v. Tebilcock, 2017 ABCA 116, the Court of Appeal allowed the applications dismissing the Plaintiffs' claims for long delay, reversing the chambers decision of the justice below.
Borden Ladner Gervais LLP
A recent decision by the Ontario Court of Appeal has underscored the "reasonableness" standard set by the Municipal Act, 2001, S.O. 2001, c. 25, in assessing a road authority's winter...
Blaney McMurtry LLP
In a problematic and highly technical decision in Pennyfeather v. Timminco Limited, the Court of Appeal upheld the dismissal of a secondary securities market misrepresentation class action...
Borden Ladner Gervais LLP
The Quebec Court of Appeal has found the Canadian government's second attempt at creating a national capital markets regulator to be unconstitutional in its decision in...
Devry Smith Frank LLP
Legal aid is a central component of the Canadian justice system, and of justice systems elsewhere in the world. Legal aid helps those individuals who are otherwise unable to afford legal representation and access to the court system.
Gilbertson Davis LLP
It is hard to point to any single rationale for employing the resort to the federal privacy legislation, except that obtaining access to personal information is probably not one of them.
Blaney McMurtry LLP
In RSA v Intact Insurance, Ms. Wilson and her husband met with their insurance broker on February 29, 2012. Her license had been suspended on account of unpaid fines.
Bereskin & Parr LLP
In our report of the original decision, we had asked if this was RIP for the On Sale Bar, in the sense that if it no longer covered ‘secret sales', then this reduced On Sale bar adds little to the other...
Gardiner Roberts LLP
Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which resulted in a $65,000 judgement against his client.
McCague Borlack LLP
Airlines have faced increased legal, public relations and operational challenges ever since Dr. David Dao`s forcible removal from his United Airlines flight on April 9, 2017.
Blaney McMurtry LLP
An unusual story from the fine art market offers both explicit and implicit reminders of the critical importance of exercising vigilance in protecting global product identity.
Borden Ladner Gervais LLP
The defendant Starbucks had an outdoor patio which abutted the municipal sidewalk. The patio was enclosed by a fence which had a 3-4 foot opening onto the sidewalk.
McCarthy Tétrault LLP
In August 2015, the parties held a case management conference and agreed on a litigation timetable.
Field LLP
Professional regulators are often faced with non-members who use titles similar to those used by regulated members of the profession but not explicitly prohibited by the governing statute.
Blaney McMurtry LLP
In Halliwell, the Court discussed in detail the difficult issue of applying the Spousal Support Advisory Guidelines to high income cases (over $350,000).
Gluckstein Personal Injury Lawyers
Studies from overseas have found that drivers are responsible for between 60 to 80 percent of accidents involving cyclists.
Gluckstein Personal Injury Lawyers
Intoxicated driving is a much-discussed topic when it comes to accident prevention.
Howie, Sacks & Henry
In this blog post I review common causes of truck accidents, the commercial motor vehicle law and inspection regulations designed to reduce the risk of truck accidents, and safety recommendations...
Samis + Company
The Court of Appeal has affirmed a Superior Court decision which determined that Starbucks assumed responsibility and control and became an occupier of a portion of a municipal sidewalk.
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Osler, Hoskin & Harcourt LLP
A recent decision of the Federal Court of Canada may have significant implications for how commercial parties conduct themselves.
Blake, Cassels & Graydon LLP
On March 31, 2017, in Geophysical Service Incorporated v. NWest Energy Corp, the Court of Queen's Bench of Alberta provided clarity on the principles of relevance and materiality in the context of questioning pursuant to part 5 of the Alberta Rules of Court.
Blake, Cassels & Graydon LLP
On May 10, 2017, the Quebec Court of Appeal ruled that the proposed cooperative capital markets regulatory system is in significant respects unconstitutional, although it ruled that the federal government's...
Norton Rose Fulbright Canada LLP
With the proliferation of so-called "fake news", companies are starting to rely on third party organizations to perform a "fact checking" function in order to distinguish between legitimate news and fake news.
Devry Smith Frank LLP
Thursday following the release of the reports submitted by the officers who dragged David Dao off of a United Airlines flight, United Airlines reached a settlement with Dao.
Borden Ladner Gervais LLP
This paper summarizes selected developments in Canadian Internet law during 2016.
Norton Rose Fulbright Canada LLP
In March 2017, Parliament gave third reading to Bill S-201, also known as the Genetic Non-Discrimination Act.
Fogler, Rubinoff LLP
The Supreme Court of Canada has recently released a decision that will help clarify the relationship between legitimate business concerns and the privacy interests of individuals.
Blake, Cassels & Graydon LLP
Redwater Energy Corp. was a publicly listed junior oil and gas producer in Alberta that held a number of properties licensed under the OGCA and the PA.
Aitken Klee
Apotex filed a submission with Health Canada in 1988 for approval to sell a generic version of the drug trazadone.
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