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Searching Content indexed under Court Procedure by McMillan LLP ordered by Published Date Descending.
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1
Server Location Not Definitive In Determining Jurisdiction Over Foreign Defendant
Canadian courts will generally assume jurisdiction over proceedings that have a real and substantial connection to them.
Canada
1 Sep 2017
2
New Federal Court Notice On Trial Management Guidelines
On April 28, 2017, the Federal Court released a Notice to the Parties and the Profession on Trial Management Guidelines ("Notice").
Canada
8 May 2017
3
Calling All Small Claims: British Columbia's Civil Resolution Tribunal Looks To Take On Low-Value Small Claims Disputes
The Civil Resolution Tribunal (the "CRT") is a unique online forum to address disputes in British Columbia. The CRT first began hearing strata disputes in July 2016 and is now poised to implement its second phase by introducing small claims disputes up to $5,000 beginning on June 1, 2017.
Canada
21 Apr 2017
4
Privilege Wins Out Over Document Production Requests, Orders And FOI Legislation - SCC Confirms Status Of Solicitor-Client Privilege And Litigation Privilege
Solicitor-client privilege and litigation privilege are well understood to be conceptually distinct concepts
Canada
5 Dec 2016
5
Impacts Of The Supreme Court's Decision In R v Anthony-Cook On The Certainty Of Plea Agreements And Jointly Proposed Sentencing
The Supreme Court of Canada clarified that there is only one test that a court must apply when assessing whether a joint submission on sentence should be rejected, namely the "public interest test".
Canada
17 Nov 2016
6
No Canadian Connection? No Problem! Supreme Court Permits Actions To Enforce Foreign Judgments Without Proof Of Canadian Assets Or Other Links
The Supreme Court of Canada's recent Chevron decision is unlikely to make it into any Hollywood movie.
Canada
14 Sep 2015
7
Re MtGox: Using The BIA To Recognize Foreign Insolvency Proceedings
In a recent decision, the Ontario Superior Court clarified the test by which Ontario courts will recognize foreign bankruptcy proceedings.
Canada
30 Jan 2015
8
BC Court Takes Laissez-Faire Approach To Counsel's Involvement With Expert Reports Compared To Ontario
The opinions of expert witnesses play an important role in the litigation process. A well drafted report can make the difference in the outcome of the litigation.
Canada
15 Jul 2014
9
Canadian Coaches And The American Star-Bar System: Signal Differences Between The Canadian And American Supreme Courts
At first blush, Canadians, the Canadian court system, and the Supreme Court of Canada appear so similar to their American counter-parts.
Canada
7 Apr 2014
10
Landmark Supreme Court Decision On Summary Judgment: Hryniak V Mauldin
On January 24th, 2014, the Supreme Court released its much anticipated decision in Hryniak v Mauldin.
Canada
28 Jan 2014
11
‘Tis The Season For (Conditional) Giving? British Columbia Court Rules On Conditional Donation Agreements
In the spirit of giving this holiday season, many will donate to a favorite charity. One common way to donate is in the form of a "conditional donation agreement".
Canada
18 Dec 2013
12
Lift Stay Motion More Likely To Succeed In A Liquidating CCAA
In a recent decision, the Court of Queen's Bench of Manitoba considered when a stay of proceedings under the Companies' Creditors Arrangement Act ("CCAA") should be lifted to allow parties to bring claims against an insolvent company outside of the CCAA proceeding.
Canada
2 Dec 2013
13
The Supreme Court's Decision In R. v Vu: A Specific Authorization Is Required To Conduct The Search Of Computer Or Cell Phone Data
On November 7, 2013, the Supreme Court rendered an important decision regarding the scope of warrants granted for the search of computers and cell phones.
Canada
13 Nov 2013
14
Bound By Your Words (And Your Lawyer's) – Hartslief v Terra Nova Royalty, 2013 BCCA 417
Earlier this Fall, the British Columbia Court of Appeal confirmed two important legal principles in Hartslief v Terra Nova Royalty.
Canada
13 Nov 2013
15
Counting Down The Days To British Columbia's New Limitation Act – June 1, 2013
On June 1, 2013, British Columbia's new Limitation Act will come into force.
Canada
28 May 2013
16
"Round Two" For Secondary Market Liability Jurisprudence In BC: The Court Of Appeal Issues Its Decision In Round v Macdonald, Dettwiler And Associates Ltd
On November 2, 2012, the BC Court of Appeal issued its decision in the case of Round v MacDonald, Dettwiler and Associates Ltd.
Canada
14 Mar 2013
17
The Doctrine Of International Litispendence And Forum Non Conveniens : Quebec Courts Do Not Easily Decline Jurisdiction
On July 4, 2012, in Bélanger v Lucas Meyer Cosmetics Canada inc. (Unipex Innovations inc.), the Quebec Superior Court rendered a decision which clarifies the criteria applicable to a court declining jurisdiction on the basis of international litispendence or pursuant to the doctrine of forum non conveniens.
Canada
27 Nov 2012
18
Dinner And Drinks: BC Court Of Appeal Confirms Nightclub Accident Not Within Scope Of Professional Insurance
In what may be the final chapter of a very long and protracted legal proceeding, the British Columbia Court of Appeal recently issued its decision in Poole v Lombard General Insurance.
Canada
27 Nov 2012
19
Practical Tips For Trial
Proving a case at trial requires careful preparation.
Canada
13 Nov 2012
20
Company's Financial Statements Capable Of Confirming Causes Of Action Under The Limitation Act
British Columbia companies should be aware that the financial statements of a business are capable of confirming a creditor's cause of action and extending the expiration of the limitation period for the creditor to commence an action under the Limitation Act.
Canada
27 Sep 2012
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