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Emails Can Satisfy The Acknowledgement Requirement And Forbearance Can Postpone Discoverability Of A Claim
In University Plumbing v Solstice Two Limited, 2019 ONSC 4276, the Superior Court addressed two questions: (i) whether an email can satisfy the acknowledgement requirement under s.
19 Sep 2019
The Tort Of Unlawful Means, In Camera Proceedings And Sealing Orders (Video)
Thank you for joining us at Dentons' eighth annual CPD Bootcamp.
5 Dec 2018
Tax Court Introduces Common Books Of Authorities Project
Tax Court has implemented a new common books of authorities program for its Toronto courtrooms that will eliminate the need for taxpayers to print copies of certain frequently-cited authorities.
14 Apr 2016
Yaiguaje V Chevron Corporation: Supreme Court Releases Leading Decision On The Enforcement Of Foreign Judgments In Canada
On September 4, 2015, the Supreme Court of Canada released its highly anticipated decision in Yaiguaje v Chevron Corporation.
16 Sep 2015
SCC Clarifies Law On Admissibility Of Expert Evidence
The Supreme Court's decision brings some much-needed clarity to the issue of whether a trial judge can disqualify an expert based on impartiality and lack of independence at the qualification stage (i.e., Mohan).
5 May 2015
Westerhoff And McCallum: More From The OCA On Expert Evidence
The Ontario Court of Appeal released its decision last week in Westerhof v. Gee Estate and McCallum v. Baker (2015 ONCA 206), which are the companion cases to Moore v. Getahun.
1 Apr 2015
FCA Cautions Parties On Adjournment Requests
The Tax Court of Canada has strictly applied the requirements for adjournments and timetable amendments as described in the Court’s Practice Note No. 14.
17 Jun 2014
What Kind Of Appellate Lawyer Was Justice Roberts?
Advocacy, Chief Justice Roberts, United States Supreme Court
16 Oct 2013
Hinds V. Group 4 Security, 2012 ONCA 207 (Rule 20 – Summary Judgment)
Under Rule 20, the determination of whether there is a "genuine issue requiring a trial" is a legal determination and the standard of review is correctness.
11 Apr 2013
Schwartz V. Schwartz, 2012 ONCA 239 (Rule 20 – Summary Judgment)
It remains an open question whether the Court of Appeal’s decision in Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764, applies to summary judgment motions under the Family Law Rules.
5 Apr 2013
From Morguard To Club Resorts: The Evolution Of The Real And Substantial Connection Test
Since the Supreme Court of Canada’s decision in Morguard Investments Ltd. v. De Savoye, the test for when a court can assume jurisdiction over an out-of-province defendant has been whether there is a "real and substantial connection" between the forum and the subject matter of the litigation.
21 Jan 2013
Dentec Safety Specialists Inc. V. Degil Safety Products Inc., 2012 ONSC 6871 (Rule 76 – Simplified Procedure)
In dealing with costs in this Simplified Procedure matter, and following a finding in favour of the Plaintiff for the tort of passing off with a damages award of $10,000, the Plaintiff sought costs in the amount of $40,452.22.
17 Dec 2012
2186080 Ontario Inc. v. 1009558 Ontario Limited, 2012 ONSC 2593 (Div. Ct.) (Rule 1.04 – Proportionality)
The Divisional Court denied leave to appeal the decision of a Superior Court decision where the Judge denied a motion for a further and better affidavit of documents.
15 Oct 2012
George Weston Limited v. Domtar Inc.; 1318214 Ontario Limited v. Sobeys Capital Incorporated (Rule 20 – Summary Judgment)
Following the Ontario Court of Appeal’s decision in Combined Air Mechanical Services Inc. (summarized on this Blog), in two separate cases, the Court dealt with a motion to strike a pending motion for summary judgment.
26 Sep 2012
B.C. Court Rules Telephone Voting Requires Transparency And Verification
In a recent decision the Supreme Court of British Columbia set aside and declared invalid an annual general meeting of shareholders and the resolutions passed at the meeting following a proxy fight between management and dissident shareholders.
29 Aug 2012
Expert Independence Is Requirement Of Admissibility, Court Rules
On May 9 2012 the Ontario Court of Appeal released its decision in Alfano v Piersanti, upholding the trial judge's decision following a three-day voir dire that the evidence of the defendant's proposed expert was inadmissible on the basis that the expert was neither objective nor independent.
14 Aug 2012
Federal Court Of Appeal Reaffirms The Onus Of Proof Rules In Tax Appeals
In the recent case of McMillan v. Canada, the Federal Court of Appeal has reaffirmed the onus of proof rules in tax appeals.
18 Jul 2012
OHSA Defendants May Ask Prosecutor For MOL Inspector’s Criminal Record
Companies and individuals charged under the Ontario Occupational Health and Safety Act may ask the prosecutor to provide the Ministry of Labour inspector’s criminal record, an Ontario court has ruled.
8 Jul 2012
Beware The Ambiguous Covenant!
In the case of Veolia ES Industrial Services Inc. v. Brule, the Ontario Court of Appeal recently confirmed that the severance of ambiguous terms in a non-competition or non-solicitation restrictive covenant will only be permitted on rare occasions.
23 May 2012
The Development Of Privacy Torts In Ontario: A Case Comment
In Jones v Tsige 2012 ONCA 32 the Court of Appeal for Ontario issued the first definitive statement from a Canadian appellate court that there is a common law right of action for intrusion upon seclusion, or invasion of personal privacy.
9 May 2012
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