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Searching Content indexed under Court Procedure by McLennan Ross LLP ordered by Published Date Descending.
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In Summary: It's Still A Balance Of Probabilities
On February 6, 2019, the Alberta Court of Appeal released the Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. 2019 ABCA 49 ("Weir-Jones") decision.
Canada
15 Feb 2019
2
Supreme Court Of Canada Turns The Ship Around On Damages For Mental Injury
The Supreme Court of Canada decision in Saadati v. Moorhead clarifies that expert evidence is not required to establish a claim for damages arising from mental injury.
Canada
15 Jun 2017
3
Security For Judgment: A Useful And Often Overlooked Remedy
McLennan Ross was recently successful in obtaining a Security for Judgment Order to protect the interests of a client involved in lengthy litigation.
Canada
9 Nov 2016
4
Environmental Claims Fail Despite Expert Evidence
McLennan Ross successfully represented Shell Canada Limited in a summary dismissal application seeking to have a number of related lawsuits against Shell dismissed.
Canada
2 Aug 2016
5
Amendment To Rule 4.33 – Dismissal For Long Delay
A recent amendment to Rule 4.33 (dismissal for long delay) of the Alberta Rules of Court has been introduced.
Canada
21 Jul 2016
6
Just Take The Offer!
An unfortunate middle-aged immigrant from Poland was involved in six automobile accidents over the course of five years.
Canada
29 Jun 2016
7
Ecuadorian Plaintiffs Can Seek To Enforce $9 Billion Judgment In Ontario
The Supreme Court of Canada recently released its decision in Chevron Corp v. Yaiguaje. The decision upheld a ruling granting the Ontario Courts jurisdiction to enforce a judgment from Ecuador for environmental damages.
Canada
16 Sep 2015
8
How To Decide If Court Of Queen's Bench Or Provincial Court Is Best For Your Claim
It has been nearly a year since the financial limit for lawsuits in the Provincial Court of Alberta (Civil Division) (the proper name for Alberta's "small claims court") increased from $25,000 to $50,000.
Canada
30 Jul 2015
9
Informal Settlement Offers And Costs
The Alberta Court of Appeal decision of Chisholm v Lindsay ("Chisholm") released last month was expected to reconsider an earlier Court of Appeal decision (Mahe v Boulianne ("Mahe"))...
Canada
8 Jun 2015
10
Ontario Court Of Appeal Rules On Lawyer - Expert Interaction
On January 29, 2015, the Ontario Court of Appeal released its widely anticipated decision in Moore v. Getahun.
Canada
10 Feb 2015
11
Court Of Appeal Upholds Anton Piller Despite Non-Disclosure
The Alberta Court of Appeal has begun 2015 by approving an Anton Piller order granted despite defective disclosure.
Canada
9 Feb 2015
12
Jurisdictional Considerations In Class Proceedings
Despite encouragement and pressure from the judiciary, legislative intervention to solve many of these complex jurisdiction issues has not kept pace.
Canada
18 Nov 2014
13
Provincial Court Expected To Increase Financial Limits
It is anticipated that the financial limit in Provincial Court will increase from $25,000 to $50,000 on August 1, 2014.
Canada
4 Jul 2014
14
Supreme Court Of Canada Reinforces The Need To Promote Pre-Trial Settlements
In a unanimous decision in Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37, the Supreme Court of Canada reinforced the need to protect settlement negotiations from being disclosed and encouraged parties to settle cases rather than proceed to trial.
Canada
7 Mar 2014
15
Ontario Superior Court Of Justice Stifles Discussion Between Counsel And Expert
A recently released decision of the Ontario Superior Court of Justice in Moore v. Getahun et al, 2014 ONSC 237, has created concern and controversy about the nature and extent of communications between counsel and an expert.
Canada
7 Mar 2014
16
Amendments To The Alberta Rules Of Court
The latest amendments to the Alberta Rules of Court significantly change the obligations of both plaintiffs and defendants in the conduct of litigation.
Canada
30 Sep 2013
17
Court Of Appeal Endorses Summary Dismissal Of Statute Barred Actions
In its recent decision in "Boyd v. Cook", the Alberta Court of Appeal stressed the importance of limitation periods.
Canada
8 Apr 2013
18
Court Suspends Enforcement Of Mandatory ADR Rules
On February 12, 2013, the Court of Queen’s Bench released a memorandum announcing that it will not enforce the mandatory dispute resolution Rules.
Canada
8 Apr 2013
19
Master Disregards 'Plain Reading' Of New Rule
A discussion of a case where the Plaintiff refused to disclose expert medical reports to the Defendant until the Defendant had conducted any medical examinations he might decide to obtain.
Canada
31 Jan 2013
20
Benefits Of "Pierringer Agreements" Diluted By Ontario Superior Court Of Justice
A Pierringer Agreement, sometimes called a "Proportionate Share Settlement Agreement", is often used in multi-party litigation when one or more Defendants resolve their dispute with the Plaintiff or Plaintiffs.
Canada
28 Jan 2013
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