Searching Content indexed under Court Procedure by McMillan LLP ordered by Published Date Descending.
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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.
1 Sep 2017
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").
8 May 2017
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.
21 Apr 2017
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
5 Dec 2016
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".
17 Nov 2016
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.
14 Sep 2015
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.
30 Jan 2015
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.
15 Jul 2014
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.
7 Apr 2014
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.
28 Jan 2014
‘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".
18 Dec 2013
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.
2 Dec 2013
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.
13 Nov 2013
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.
13 Nov 2013
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.
28 May 2013
"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.
14 Mar 2013
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.
27 Nov 2012
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.
27 Nov 2012
Practical Tips For Trial
Proving a case at trial requires careful preparation.
13 Nov 2012
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.
27 Sep 2012
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