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Searching Content indexed under Litigation, Mediation & Arbitration by Jeremy Opolsky ordered by Published Date Descending.
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Knowledge Of Fraudulent Person Can't Be Attributed To Company
The Supreme Court of Canada answered a delicate question in its Christine DeJong Medicine P.C. v. DBDC Spadina decision:
Canada
30 Jul 2019
2
The Uncertainty Behind Ontario's Limitation Periods
The two-year limitations period under Ontario law has always contained a certain degree of variability because the two years is measured on the basis of discoverability.
Canada
18 Jun 2019
3
Supreme Court Rejects Weakened Test For Attributing Fraud To Corporations
In Christine DeJong Medicine Professional Corporation v. DBDC Spadina Ltd.,1 the Supreme Court of Canada (SCC) unanimously held that when an officer of a corporation defrauds
Canada
10 Jun 2019
4
Ontario Case Law Pushes The Limits Of Provincial Limitation Period
When can two years take more than 24 months? In Ontario, in the limitations context, a two-year limitation period is not always two years.
Canada
22 May 2019
5
Conclusion
Twenty years after the introduction of section 11.01, it is clear this provision has failed to live up to the promise of Quintette. Section 11.01 has effectively been replaced by a model order regime.
Canada
3 May 2019
6
Comparison Between Canadian And American Post-Filing Obligations
The United States Bankruptcy Code takes a different approach in principle from the CCAA with respect to post-filing obligations. American legislators, however, have codified specific post-filing
Canada
3 May 2019
7
Canada Needs To Share Its Troubling Story Of Child Detention
It is shocking that anyone has to write that sentence. And shock only begins to describe reactions to the crisis in the U.S.
Canada
24 Jul 2018
8
A New Era For Libel: Reconciling The Rules Of Jurisdiction With The Challenges Of The Internet Age
In Haaretz.com v. Goldhar, the Supreme Court of Canada (SCC) offered a convoluted response to the important question of whether Canadians can sue for defamation ...
Canada
24 Jul 2018
9
A Clash Of Rights Leads To A Clash Of Decisions
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?
Canada
25 Jun 2018
10
SCC: Human Rights Code Protection From Discrimination "Regarding Employment" Applies Outside Employer-Employee Relationships
In British Columbia Human Rights Tribunal v. Schrenk, a 6-3 majority of the Supreme Court of Canada (SCC) found that the B.C. Human Rights Code's (Code) prohibition against discrimination ...
Canada
22 Dec 2017
11
SCC Sets Out When Corporate Directors May Have Personal Liability Under Oppression Remedy
SCC affirms decision ordering corporate director to compensate minority shareholder where director derived personal benefit from oppressive conduct.
Canada
27 Jul 2017
12
SCC Upholds Worldwide Ban On Certain Search Results
Google, a non-party to the underlying trade secret litigation, must comply worldwide.
Canada
17 Jul 2017
13
Electronic Trials
The increasing use of electronic trials has prompted a discussion surrounding the advantages of this technology-driven change. What are some of the key considerations that should be examined around e-trials?
Canada
19 Apr 2017
15
Supreme Court Addresses Provincial Regulation Of Banks And Class Action Standing In Bank Of Montreal V. Marcotte Trilogy
Three class actions were brought in Québec based on the disclosure requirements of the Québec Consumer Protection Act (CPA).
Canada
2 Oct 2014
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