Mondaq Canada: Litigation, Mediation & Arbitration
Torys LLP
Over the last 10 years, asking the courts to judicially review the legality of administrative decision-making in Canada has become an expensive gamble, with low odds.
McCarthy Tétrault LLP
Can a defendant use the findings from an investigation on the scope of a cyber-attack to oppose certification of a data breach class action? In Kaplan v. Casino Rama Services Inc., 2018 ONSC 3545,
Lawson Lundell LLP
The mistake goes back a number of years.
CLC (Canadian Litigation Counsel)
In Rockyview Enterprises v Starline Windows, et al, (1601-03526) Justice Romaine dismissed the Plaintiff's appeal of Master Farrington's decision to summarily dismiss the claims against the Defendants, but refused to award double costs because the formal offer had not been re-served.
WeirFoulds LLP
In the last month, the Court of Appeal decided two cases based on the "litigation finger test".[1] The litigation finger test can assist a plaintiff in cases of misdescription or misnomer of a party.
Blaney McMurtry LLP
Following are the summaries for this week's civil decisions of the Court of Appeal for Ontario.
Rogers Partners LLP
In A.F. v. North Blenheim Mutual Insurance Company, the Executive Chair of the Licence Appeal Tribunal reconsidered two decisions where the Tribunal applied the two year limitation under s.56 of the SABS and dismissed the claims as statute barred.
Babin Bessner Spry LLP
In Chagnon v. Syndicat de la fonction publique et parapublique du Québec, 2018 SCC 39, the Supreme Court of Canada addressed the intersection of the constitutional privilege afforded to legislative bodies and the rights of their unionized employees.
Stikeman Elliott LLP
In a recent article I raised the potential for Alberta city charters to go off the constitutional rails should Edmonton or Calgary city councils use their panoply of newly subdelegated powers without sufficient deference to the province's sphere of powers.
Miller Thomson LLP
This fundamental principle of the common law is upheld through the use of appellate courts. A judge of a lower court is not required to follow the decision of a judge from the same level.
Cassels Brock
In a recent decision, Graves v. Correactology Health Care Group Inc.,1 the Ontario Superior Court of Justice dismissed a motion to stay a franchise dispute action in favour of arbitration ...
Fogler, Rubinoff LLP
The Action On October 9, 2018 the Court of Appeal in the Hague, Netherlands upheld the District Court's order that the State of the Netherlands reduce CO2 emissions by 25% relative to 1990 levels by the end of 2020.
Rogers Partners LLP
Over three years have passed since the release of the Ontario Court of Appeal's decision in Westerhof v. Gee Estate , wherein the Court definitively outlined the role of "participant experts".
Rogers Partners LLP
The City of Hamilton has been busy recently at the Ontario Court of Appeal, acting as appellant on two separate appeals relating to findings of liability for non-repair of intersections.
Aird & Berlis LLP
In November 2015, the Protection of Public Participation Act became law in Ontario and gave defendants a tool to quickly dispose of a SLAPP lawsuit.
Blaney McMurtry LLP
Fitness trackers, such as the Fitbit or the Apple watch, are becoming increasingly popular. Users typically wear them for 24 hours a day, and rely on them to monitor their activity,diet and even sleep
Bennett Jones LLP
In June 2018, we wrote on the British Columbia Court of Appeal decision in Leatherman v 0969708 BC Ltd, 2018 BCCA 33, where the court considered sections 14 and 15 of the "new" Limitation Act,
Miller Thomson LLP
Answering the question of who should be allowed to attend at an examination for discovery involves an exercise in balancing two competing interests
Torkin Manes LLP
Section 5(1)(a)(iv) of the Ontario Limitations Act, 2002, S.O. 2002, c.24, Schedule B (the "Act") postpones the running of the limitation period where the plaintiff is yet unaware that a legal proceeding would be an "appropriate means" to seek to remedy her loss.
Blaney McMurtry LLP
Other topics included a professional negligence claim against a lawyer, a jurisdictional dispute in respect of an oppression claim
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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.
Filion Wakely Thorup Angeletti LLP
Arbitrator found that the fact that an employee reported to work smelling of alcohol did not provide the employer with reasonable cause to test that employee for drugs.
Gluckstein Personal Injury Lawyers
In January of 2005, my dad was involved in a serious car accident and suffered a severe head trauma.
Field LLP
Alberta Courts have been busy on the topic of costs in estate litigation in the past few months
Willms & Shier Environmental Lawyers LLP
On June 8, 2018, the Ontario Court of Appeal released its latest decision dealing with liability for contaminated lands: Huang v. Fraser Hillary's Limited.
In a recent lower court decision in Ontario, the issue of frustration of contract was revisited. In the employment law context, a frustration of contract occurs when an unforeseen event renders...
Bennett Jones LLP
On September 5, 2018, the Court of Appeal for Ontario released its decision in Lavender v Miller Bernstein LLP,1 overturning a summary judgment ruling that imposed significant liability on an auditor
Rotfleisch & Samulovitch P.C.
The case involved 551928 Manitoba Ltd. ("the Corporation"), which hired accountants to estimate its full capital dividend account balance.
Rogers Partners LLP
In Yaiguaje v. Chevron Canada Corporation, 2018 ONCA 472, the Ontario Court of Appeal significantly restricted the court's ability to "pierce the corporate veil".
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