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Searching Content indexed under Litigation, Mediation & Arbitration by Goodmans LLP ordered by Published Date Descending.
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1
Masters Cannot Use "Enhanced Powers" To Decide Motions For Summary Judgment
In R & V Construction v. Baradaran1 (the "Baradaran Decision"), the Ontario Superior Court of Justice ruled that masters cannot weigh evidence, assess credibility, or draw reasonable inferences when determining motions for summary judgment.
Canada
8 Aug 2019
2
Evolution Technologies Earns Two Crucial IP Victories In The Federal Court Of Appeal
The Federal Court of Appeal has now fully reversed a judgment of the Federal Court of Canada that had threatened to devastate the business of Evolution Technologies Inc., a Canadian-owned designer and manufacturer ...
Canada
5 Aug 2019
3
Law Commission Of Ontario Recommends Significant Overhaul Of Ontario Class Actions Regime
On July 17, 2019, the Law Commission of Ontario (LCO) released its much anticipated report on the Ontario Class Action regime.
Canada
29 Jul 2019
4
Court Of Appeal Clarifies Scope Of Vesting Orders To Extinguish Interests Against Land; Royalty Interests May Be Protected
The Ontario Court of Appeal recently released its second and final decision in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc., providing increased clarity on when interests in or against land ...
Canada
14 Jul 2019
5
It's About The Parties' Entire Relationship – SCC Clarifies Independent Contractor vs. Employee Classification
In its recent decision Modern Cleaning Concept Inc. v Comité paritaire de l'entretien d'édifices publics de la région de Québec, the Supreme Court of Canada (SCC) considered the distinction
Canada
14 Jul 2019
6
Hurdles To Certifying A Cyber-Attack Class Action
A recent decision from the Ontario Superior Court of Justice highlights some of the difficulties plaintiffs might face when seeking to certify a class action relating to the disclosure of personal information from a cyber-attack.
Canada
16 Jun 2019
7
Saskatchewan Court Of Appeal Rules Federal Carbon Price Is Constitutionally Valid
On May 3, 2019, in a 3-2 ruling, the Court of Appeal for Saskatchewan (the "Court of Appeal") found the Greenhouse Gas Pollution Pricing Act (the "Act") to be constitutionally valid.
Canada
26 May 2019
8
U.K. Supreme Court Opens Door To Broader Scope Of Liability Of Parent Company For Subsidiary's Operations
The plaintiffs have sought damages from both KCM and Vedanta for negligence.
Canada
9 May 2019
10
Stop That Sale!
The first U.S. Supreme Court patent-related decision of 2019 has confirmed the long standing rule that commercial exploitation of a patentable invention may bar the issuance of a patent in the U.S., even where there is no public disclosure of the invention!
Canada
12 Feb 2019
11
Court Of Appeal Invalidates Uber's Arbitration Clause
The plaintiff, David Heller, was an Uber Eats driver.
Canada
22 Jan 2019
12
Federal Court Of Appeal Sheds Light On Crown Prerogative And Copyright
The Federal Court of Appeal ("FCA") recently released its judgment in P.S. Knight Co. Ltd. v. Canadian Standards Association, 2018 FCA 222.
Canada
21 Jan 2019
13
Supreme Court Of Canada Refuses Leave To Appeal On Insider Trading And Tipping Restrictions Case
On December 13, 2018, the Supreme Court of Canada dismissed applications by Howard Jeffrey Miller and Man King Cheng for leave to appeal the Ontario Court of Appeal's decision in Finkelstein
Canada
28 Dec 2018
15
Who Foots The Bill? Notice-And-Notice, Norwich Orders And Compliance Costs
On September 14, 2018, the Supreme Court of Canada rendered its decision in Rogers Communications Inc. v Voltage Pictures, LLC, an appeal from the Federal Court of Appeal, affirming copyright owners ...
Canada
5 Nov 2018
16
Delaware Court Allows Buyer To Walk Due To Material Adverse Change
In a recent high-profile decision, Akorn, Inc. v. Fresenius Kabi AG, et al. C.A. No. 2018-0300-JTL (Del. Ch. Oct. 1, 2018), the Delaware Court of Chancery ruled that German healthcare company Fresenius ...
Canada
12 Oct 2018
17
U.S. Appeals Court Clarifies Jurisdictional Limits Of FCPA
A U.S. federal appeals court recently articulated the jurisdictional limits of the Foreign Corrupt Practices Act (FCPA) ...
Canada
9 Oct 2018
18
Court Of Appeal Decision Reinforces Ontario's "Pro-Enforcement" Arbitration Regime
A recent Ontario Court of Appeal decision recognized and enforced a final and binding international arbitration award even though the arbitral tribunal made post-award statements that the award had been stayed.
Canada
16 Aug 2018
19
Supreme Court Of Canada Discusses Negligence And Duty Of Care In Stolen Car Case
Today, in Rankin (Rankin's Garage & Sales) v JJ, the Supreme Court of Canada (SCC) overturned an Ontario Court of Appeal decision which found that an owner of a commercial car garage owed a duty of care to a teenager who was injured after he and his friend stole a vehicle from the garage and went on a joyride
Canada
20 May 2018
20
Extra-Jurisdictional Evidence Gathering In Class Certification Motions
With no right of discovery in advance of certification, class counsel have been increasingly looking for other avenues to obtain information to assist with their certification motions.
Canada
17 May 2018
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