Mondaq Canada: Litigation, Mediation & Arbitration
Miller Titerle + Company LLP
The refusal to approve the proposed law school means that members of the TWU religious community are not free to impose those religious beliefs on fellow law students, since they have an inequitable impact...
WeirFoulds LLP
In v. Goldhar, a decision released on June 6, 2018, the Supreme Court of Canada confronted the array of thorny analytical and practical issues raised by multijurisdictional defamation claims.
Blaney McMurtry LLP
Ralph Cuervo-Lorens and Dena Givari's article, 'Can the Application of Blockchain Technology Broaden the Horizons for Arbitration?' was published in The Canadian Arbitrator's Summer 2018 Newsletter.
Torys LLP
When legitimate rights of freedom of religion and equality collide, how should they be balanced? Is religious freedom an inherently individualistic right, or do religious communities also have rights that need to be respected?
Langlois lawyers, LLP
The facts of this case are fairly straightforward. A disciplinary complaint alleging 18 separate offences (the "Complaint") was filed by Mtre Annick Normandin, the assistant syndic of the Chambre des notaires ...
Torkin Manes LLP
As much as Canadian lawyers embrace "modern" principles of statutory interpretation, old habits die hard.
Blaney McMurtry LLP
In Mancinelli v Royal Bank of Canada, the class plaintiffs had sought to add BMO and TD as party defendants to their claim against other financial institutions...
Stikeman Elliott LLP
On June 15, 2018, the Supreme Court of Canada delivered its highly anticipated decisions in Trinity Western University, et al. v. Law Society of Upper Canada, and Law Society of British Columbia v. Trinity Western.
Gardiner Roberts LLP
The relationship between a lawyer and a client is sacrosanct. Indeed, communications between a lawyer and his or her client are protected by a privilege which the Supreme Court of Canada ...
Borden Ladner Gervais LLP
The defendant, CHC Casinos Limited (which operates Casino Rama), notified approximately 200,000 individuals of the cyberattack.
Is a Canadian citizen, allegedly defamed in an on-line article published in his home province by a foreign newspaper, entitled to vindicate his reputation in the courts of the province where he lives and maintains his business, and where the sting of the article's comments is felt?
Stikeman Elliott LLP
British Columbia has long been known as one of Canada's friendlier jurisdictions for class proceedings.
With the dog days of summer upon us, take a moment to cool off with the Top 5 Court of Appeal decisions from May: the latest entry in the Chevron saga; confirmation that discoverability applies to claims for contribution and indemnity under s. 18 of the Limitations Act, 2002; ...
Clyde & Co
Où tracer la frontière entre l'incivilité lors d'une audience et l'obligation de l'avocat de représenter son client avec vigueur ?
McMillan LLP
The recent Supreme Court of Canada decision in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall holds that judges have no business second-guessing decisions made by private voluntary associations through judicial review.
Norton Rose Fulbright Canada LLP
Just as it appeared our Court of Appeal had clarified the test for summary judgment, several recent and seemingly incongruous decisions may have just taken us a step back.
We recently wrote about a case of the Divisional Court of Ontario, The Conservative Party of Canada v Trost, 2018 ONSC 2733, in which the Court ...
Borden Ladner Gervais LLP
In its recent decision in v. Goldhar, the Supreme Court of Canada has addressed the difficult question of which law should govern claims for internet defamation.
Norton Rose Fulbright Canada LLP
In the highly anticipated v Goldhar decision, the Supreme Court of Canada split five ways in its approach to grappling with multijurisdictional claims of internet-based defamation.
Borden Ladner Gervais LLP
In Pet Valu Canada Inc. v. Rodger, Justice Nishikawa of the Ontario Superior Court of Justice granted summary judgment against the former owner of a franchisee in the amount of $1.7 million.
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Stewart McKelvey
The Grievor suffered from osteoarthritis and Crohn's Disease.
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.
On August 1, 2018, the government's plan to legalize recreational marijuana will come into effect and employers will be faced with questions about how to manage cannabis in the workplace ...
McInnes Cooper
As the target date for the legalization of recreational cannabis in Canada draws near, employers are feeling the heat to prepare for the workplace implications of recreational cannabis use.
Miller Thomson LLP
In May 2017, the Court of Appeal for Ontario ruled on the rarely heard matter of the scope of a release of claims.[1] Specifically, it touched on how settlement releases should be interpreted ...
Field LLP
Alberta Courts have been busy on the topic of costs in estate litigation in the past few months
Blaney McMurtry LLP
In a case that has received much media and judicial attention, Yaiguaje v Chevron Corporation, it appears that the Court has finally put an end to the matter.
Blaney McMurtry LLP
Following are summaries of this week's civil decisions of the Ontario Court of Appeal.
Blake, Cassels & Graydon LLP
As part of our quarterly series on current trends across different industries, our second article takes a closer look at the sharing economy and how this new economic model impacts suppliers, customers...
In this case, a title insurer sought to avoid coverage for a mortgage fraud on the basis of a provision that excluded coverage for funds paid to any person other than the registered title holder.
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