Mondaq Canada: Litigation, Mediation & Arbitration
Blaney McMurtry LLP
Those unfamiliar with civil litigation may not be aware of the requirement to commence litigation within two years of discovering a claim.
Miller Thomson LLP
Dans une décision rendue le 3 novembre dernier, la Cour supérieure s'est prononcée sur un litige trouvant son origine dans la modification de factures par un entrepreneur ...
Howie, Sacks & Henry
The old saying "you can't fight City Hall," is badly in need of a rewrite.
Osler, Hoskin & Harcourt LLP
The Ontario Court of Appeal recently confirmed the very high bar in Ontario to overturning international arbitral awards under the United Nations Commission on International Trade Law (UNCITRAL)...
Bennett Jones LLP
Justice Perell's November 28, 2017, decision in Bennett v Hydro One Inc., 2017 ONSC 7065 [Bennett] to deny certification of a putative class action alleging that Hydro One was systemically negligent ...
Howie, Sacks & Henry
Whether as a child or as an adult, mostly everyone has played a sport at one time in their life.
Borden Ladner Gervais LLP
On the subsequent motion to address the costs to be awarded to the successful defendants, the Bank sought roughly $1 million in costs.
Rueters LLP
Complex commercial litigation often involves evidence from witnesses in multiple jurisdictions.
Blaney McMurtry LLP
Before we get to this week's summaries of the civil decisions of the Court of Appeal for Ontario, I would like to invite all of our readers to attend the CLE that my partner...
Miller Thomson LLP
Wagg motions refer to motions for the production of police or Crown documents. They are referred to as Wagg motions because of the case of D.P. v. Wagg ("Wagg") ...
Torys LLP
In First Nation of Nacho Nyak Dun et al. v. Government of Yukon,1 the Supreme Court of Canada (SCC) emphasized that "[r]econciliation often demands judicial forbearance," and in that respect ...
WeirFoulds LLP
In Yip v. HSBC Holdings plc, a decision released on November 20, 2017, Justice Perell awarded partial indemnity costs of $1 million to defendants that had succeeded
Devry Smith Frank LLP
Ontario's courts will see some updates over the coming years, but the one that catches the attention of everyone however, seems to be the introduction of Wi-Fi into the buildings, by 2019.
Howie, Sacks & Henry
The president of the Canadian Hernia Society, Dr. John Morrison, has been spreading word of an "epidemic" of mesh-related complications he has been witnessing for the past few years.
Borden Ladner Gervais LLP
The defendant Nevsun Resources Inc. ("Nevsun") is a B.C. mining company that entered into a joint venture with Eritrean state companies to develop and operate the Bisha gold mine near Asmara, Eritrea.
Torkin Manes LLP
In an action for negligence, a plaintiff may make a claim for mental injury resulting from the defendant's conduct.
Blaney McMurtry LLP
On October 27, 2017 the Supreme Court of Canada released its long-awaited decision in Teva Canada Ltd. v. TD Canada Trust.
Blaney McMurtry LLP
Below are this week's summaries of the civil decisions of the Court of Appeal.
CLC (Canadian Litigation Counsel)
Multi-party litigation is complex and Plaintiffs must exercise due diligence when ascertaining the identity of potential Defendants as soon as possible to avoid the expiry of limitation periods. The Alberta Court of Queen's Bench recently confirmed this in Condominium Corp. 0610078 v. Pointe of View Condominiums (Prestwick) Inc., 2016 ABQB 609.
Bennett Jones LLP
In the latest chapter in the seismic-related litigation brought by Geophysical Services Incorporated (GSI)...
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Borden Ladner Gervais LLP
The defendant Nevsun Resources Inc. ("Nevsun") is a B.C. mining company that entered into a joint venture with Eritrean state companies to develop and operate the Bisha gold mine near Asmara, Eritrea.
Blaney McMurtry LLP
As a Brit, educated at an all-girls' grammar school, grammar and punctuation were very important, the pinnacle of punctuation marks being the comma.
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.
Affleck Greene McMurtry LLP
A proposed shareholder class action against HSBC Holdings plc was recently stopped in its tracks by the Ontario Superior Court due to a lack of jurisdiction.
McCarthy Tétrault LLP
Although there has not yet been a definitive answer to this question in Canada, based on recent UK case law, it appears increasingly likely that, at least in some circumstances, the answer may be "yes".
Devry Smith Frank LLP
The tools for resolving disputes under the Condominium Act, 1998 (the "Condo Act") were mandatory private mediation-arbitration and the courts.
Edwards, Kenny & Bray LLP
In British Columbia, the right to sue on a debtor's failure to repay a loan is generally limited to a two year period following the date the debtor defaults on that loan, thanks to the provisions...
Aird & Berlis LLP
The Supreme Court of Canada published an important judgment on December 8, 2017, concerning whether or not Canadians have the right to expect that their texting conversations will remain private. Interestingly ...
Borden Ladner Gervais LLP
On the subsequent motion to address the costs to be awarded to the successful defendants, the Bank sought roughly $1 million in costs.
McMillan LLP
Vendors and purchasers in real estate transactions should not assume that, just because a deposit is high, a court will grant relief from forfeiture, even if the vendor suffers no actual damages as a result of the purchaser's failure to close the transaction.
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