Searching Content indexed under Court Procedure by Osler, Hoskin & Harcourt LLP ordered by Published Date Descending.
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Québec Court Of Appeal Limits The Court Of Québec's Jurisdiction
Québec's Court of Appeal rendered its long-awaited ruling on the scope of the Court of Québec's jurisdiction on September 12, 2019. Essentially,...
26 Sep 2019
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of Canada, check out our comparative guides section to compare across multiple countries
20 Sep 2019
Ontario Court Of Appeal Clarifies Test Under "Anti-SLAPP" Legislation
On August 30, 2018, the Court of Appeal for Ontario released its long-awaited decisions in a series of appeals addressing the limits of the province's "anti-SLAPP" legislation.
6 Sep 2018
R v. Perkins: No Jurisdiction To Re-Open Appeal Heard On The Merits
In R v. Perkins, the Court of Appeal for Ontario held that it did not have the jurisdiction to re-open a sentence appeal that had been heard on the merits.
24 Apr 2017
Weir's Construction Limited v Warford: Newfoundland Court Of Appeal Applies The New Court Of Appeal Rules Regulating Interventions
In Weir's Construction Limited v Warford, the Newfoundland Court of Appeal considered an application for intervenor status under Rule 38 of the new Court of Appeal Rules, NLR 38/16.
6 Apr 2017
Ellis v Pelley Estate: Newfoundland Court Of Appeal Clarifies The Test For Reinstatement Under The New Court Of Appeal Rules
In Ellis v Pelley Estate, the Newfoundland Court of Appeal clarified the test for reinstatement of an appeal under the new Court of Appeal Rules, NLR 38/16.
31 Mar 2017
Chuang And Meridian: Court Of Appeal For Ontario Dismisses Motions To Re-Open Appeals
In Chuang v Toyota Canada Inc. and Meridian Credit Union Limited v Baig, the Court of Appeal for Ontario dismissed motions to re-open appeals brought by unsuccessful appellants.
22 Mar 2017
R. v Shafia: Court Of Appeal Applies Stringent Standard For Admitting Fresh Evidence Challenging Jurisdiction Of Trial Court
In R v Shafia, the Court of Appeal for Ontario refused to admit evidence proffered, for the first time on appeal, to establish that the trial court lacked jurisdiction to try an appellant...
17 Mar 2017
Skunk V Ketash: Order Dismissing Summary Judgment Motion Is Generally Interlocutory
In Skunk v Ketash, the Court of Appeal for Ontario found that an order dismissing a summary judgment motion was interlocutory.
28 Feb 2017
Significant Amendments To The Rules Of The Supreme Court Of Canada
The deadline for filing an appellant's factum was reduced from twelve to eight weeks (R. 35(1)). In all cases, the new deadline runs from the date the notice of appeal was filed.
25 Jan 2017
R. V. Pahl: Determining A Sentence's Fitness On Appeal
In a sentencing appeal, the British Columbia Court of Appeal in R v. Pahl split on the issue of how to properly determine whether a sentence was fit in the context of disputes over...
19 Dec 2016
Harle v. 101090442 Saskatchewan Ltd: Clarifying The Scope Of A Trial Court's Jurisdiction On Remitted Issues
The Saskatchewan Court of Appeal in Harle v. 101090442 Saskatchewan Ltd. clarified the scope of the trial court's jurisdiction in hearing new evidence on issues remitted following appeal...
19 Dec 2016
Cold Shoulder: BC Court Denies Certification Finding No "Identifiable Class"
A recent decision by the British Columbia Supreme Court denying class certification illustrates the Court's continued insistence on the rigorous application of the statutory certification criteria...
5 Dec 2016
Taking The Show On The Road: Class Action Judges Can Sit Outside Their Province
The Supreme Court of Canada held that superior court judges in British Columbia and Ontario have broad statutory authority and discretion under their respective Class Proceedings Acts.
28 Oct 2016
Appellate Court Splits On Evidentiary Threshold For Certification
The plaintiff in Warner alleged a hip resurfacing system caused toxic levels of metal ions in the blood and applied for certification of a class action against the manufacturer.
13 Oct 2016
Sorila v. Chan: Standard Of Appellate Review Not A Matter Of "Directions"
In Sorila v. Chan, the British Columbia Court of Appeal held that it was inappropriate for the standard of review to be determined by way of directions.
10 Oct 2016
Saskatchewan Court Approves Third Party Funding Without Notice To Defendants
Should a court hear from a defendant before approving third party funding of a class action against that defendant?
26 Sep 2016
Law Society Of Upper Canada v. Kivisto: Final v. Interlocutory Analysis Varies Between Civil And Regulatory Proceedings
The Ontario Divisional Court explained that because of the differences between a regulatory proceeding and a civil proceeding, the distinction between final and interlocutory orders will vary in these two contexts.
26 Sep 2016
Runkle v Alberta (Chief Firearms Officer): Mootness Is Alive And Well
In its decision in Runkle v. Alberta (Chief Firearms Officer), the Alberta Court of Appeal dismissed an appeal from the Court of Queen's Bench on the basis of mootness.
13 Sep 2016
Lin v. Rock: Pending Motion To The SCC For Reconsideration Of Leave Does Not Constitute And Appeal Nor Prevent Courts From Making Decisions Affecting Parties
The Ontario Divisional Court confirmed that a pending a motion to the Supreme Court of Canada for reconsideration of its denial of an application for leave to appeal does not constitute a further appeal...
1 Sep 2016
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