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Searching Content indexed under Litigation, Mediation & Arbitration by Fasken ordered by Published Date Descending.
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1
Class Action Against Yahoo!: A Data Breach Is Not Always Evidence Of Compensable Loss
On June 10, 2019, in a decision rendered by Justice Chantale Tremblay, the Superior Court of Québec refused to authorize Plaintiff Brigitte Bourbonnière's application for authorization to institute a class action.
Canada
16 Aug 2019
2
What's In A Tweet? Employer Does Not Have To Pay Settlement Funds After Grievor Takes To Twitter
Confidentiality is a key benefit of most settlement agreements. What happens if an employee boasts online about the details of a settlement?
Canada
14 Aug 2019
3
Product Liability For Latent Defects And Proof Of Loss Of Profit In The Absence Of Audited Financial Statements
In August 2008, American Brands issued a purchase order to Capmatic for the Equipment.
Canada
31 Jul 2019
4
A Possible Blueprint For Class Action Law Reform In Ontario
On July 17, 2019, the Law Commission of Ontario ("LCO") released its long-awaited report, Class Actions: Objectives, Experiences and Reforms.
Canada
31 Jul 2019
5
B.C. Civil Resolution Tribunal Assumes Responsibility For Deciding "Society Claims"
Importantly, a long list of claim categories is excluded from the CRT's jurisdiction.
Canada
25 Jul 2019
6
Dianor Resolved – Jurisdiction To Vest Off Interests In Land In Receivership Upheld, But GORs Hard To Impair
In a number of recent cases, Canadian courts have demonstrated a willingness to vest mining claims free of royalty rights notwithstanding that those rights might constitute interests in land.
Canada
18 Jul 2019
7
Are Your Non-Competition And Non-Solicitation Clauses Enforceable?
Such agreements regarding post-employment activities are called restrictive covenants.
Canada
10 Jul 2019
8
Canada
8 Jul 2019
9
BC Court Of Appeal Decision On Municipal Tender "Reprisal Clause"
A contractor brought an action against the City on the basis that the clause was unconstitutional.
Canada
5 Jun 2019
10
Stringent Test For Family Status Discrimination Confirmed By BC's Court of Appeal
Family status discrimination continues to be an area in which the law differs across Canada.
Canada
5 Jun 2019
11
The Supreme Court Of Canada Refuses To Hear The Appeal Of A Group Claiming Métis Status
The Court of Appeal also decided to look into the issue of control, more specifically the criterion used by the trial judge to determine control.
Canada
31 May 2019
12
What's In A Release Anyway?
A recent decision from Ontario's Court of Appeal (Swampillai v. Royal & Sun Alliance Insurance Company of Canada, 2019 ONCA 201) confirms a release signed by an employee should only be overturned for unfairness ...
Canada
30 May 2019
13
BC Court Of Appeal Affirms Right To Hunt For Indigenous Group Located Outside Of Canada
On May 2, 2019, in R. v. Desautel, 2019 BCCA 151, the British Columbia Court of Appeal found that "aboriginal peoples of Canada" in s. 35 of the Constitution Act, 1982 should be broadly interpreted to include ...
Canada
15 May 2019
14
The Superior Court Confirms The Criteria Related To The Termination For Cause Of A Subcontracting Agreement And Resulting Damages
In July 2005, Litostroj executed two identical subcontracting contracts with Ideal for the design, production, installation, and activation of the generators.
Canada
14 May 2019
15
Claim Denied: Yukon Court Provides Guidance On When A Tribal Council Can Deal With Indigenous Rights
This conclusion aligned with the argument of the Liard First Nation and was supported by expert evidence at trial.
Canada
9 May 2019
16
A New Possible Claim For Employees: Privacy
The teacher accused in this case made video recordings of female students using a camera concealed inside a pen.
Canada
22 Apr 2019
17
Hydro-Québec c. Bell Canada: Spoliation Of Evidence Results In The Dismissal Of A Claim For The First Time In Québec
The facts giving rise to this claim stem from a simple utility pole, belonging to Bell Canada, to which transmission lines were attached.
Canada
16 Apr 2019
19
British Columbia Court Of Appeal Reaffirms Duty To Consult Not A Duty To Agree
Sometimes parties are unable to resolve their differences and work towards reconciliation because of fundamental disagreements.
Canada
26 Mar 2019
20
When Are Mandatory Arbitration Clauses Unenforceable?
There is a proposed class action lawsuit against Uber in Ontario.
Canada
26 Mar 2019
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