Searching Content indexed under Court Procedure by Borden Ladner Gervais LLP ordered by Published Date Descending.
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Court Of Appeal Overturns Reverse Summary Judgment
On May 30, 2019, the Ontario Court of Appeal (the Court) released its decision in Drummond v. The Cadillac Fairview Corp. Ltd., 2019 ONCA 447.
7 Jun 2019
The Alberta Court Of Appeal Allows Parallel Proceedings Before The Court And The Surface Rights Board To Continue
In Remington v Enmax1, the Court of Appeal of Alberta ruled that parallel proceedings before the Court of Queen's Bench and the Surface Rights Board ("SRB") could continue.
1 May 2019
Where Are We With The Languishing Class Action Cases?
Defendants embroiled in class proceedings are often times presented with the issue of properly managing cases that languish for years for want of prosecution.
9 Apr 2019
Court Rules Excluded Wiretap Evidence Admissible In Civil Trial
A "very active crack cocaine trafficker" is acquitted of a crime because the wiretap evidence against him is excluded in his criminal trial. What happens when he brings a civil action
13 Feb 2019
Supreme Court Of Canada Confirms Shareholders Do Not Have Sufficient Interest To Claim Damages From Losses Suffered By The Corporations They Own
In Brunette v. Legault Joly Thiffault, 2018 SCC 55 (Brunette), the Supreme Court of Canada confirms how standing rules in the Code of Civil Procedure, CQLR, c C-25.01 (CCP) apply in situations where shareholders want to sue on their own behalf to recover losses to the corporation they own.
27 Dec 2018
Doing Business In Canada 2019
Canada's legal system is based on English common law, applied in nine provinces and three territories; and French civil law ...
16 Nov 2018
Supreme Court Of Canada Clarifies The Test For A Mandatory Interlocutory Injunction
The Court began its analysis of the proper test for a mandatory injunction by noting that the framework established in RJR-MacDonald is a general framework, that admits of exceptions. Accordingly, rather than the 'serious issue to be tried" test ...
2 Mar 2018
Court Of Appeal For Ontario Provides Guidance On The Dismissal Of Frivolous Claims
Court of Appeal addressed the key issue of whether notice must be given to a plaintiff prior to dismissing a claim under r. 2.1 of the Rules of Civil Procedure.
29 Jan 2018
Litigation Strategy vs. Justness Of The Case: When Are Security For Costs Appropriate?
We previously wrote about the Court of Appeal for Ontario's decision in Yaiguaje v. Chevron Corporation to order the Ecuadorian plaintiffs to post nearly $1,000,000 as security for costs.
14 Nov 2017
Divisional Court Upholds OSC Decision To Impose Two Year Suspension On IIROC Respondent
The Ontario Divisional Court has upheld an OSC decision to re-review an IIROC Panel decision and impose a suspension on a Respondent for two years.
8 Jun 2017
Alberta Seeks To Bolster IIROC And MFDA Investigatory Powers
In May, Alberta introduced new legislation which will provide IIROC and the MFDA with significantly more investigatory powers akin to those of the police and the OSC.
8 Jun 2017
Ontario Court Of Appeal: Two-Year Limitation Period For The Enforcement Of Foreign Judgments
This case means that foreign judgment creditors must act quickly to seek enforcement of judgments in Ontario.
24 May 2017
Court Of Appeal For Ontario To Rule On Discovery Type Relief In The Small Claims Court
The Court of Appeal for Ontario has granted leave to hear a case that concerns whether Small Claims deputy judges have jurisdiction to grant "discovery type relief".
21 Mar 2017
The Impact Of The Supreme Court Of Canada's Decision In The Case Of Gabriel Nadeau-Dubois In The Context Of Individual And Collective Labour Relations
In October 2016, the Supreme Court of Canada rendered an interesting decision in a case opposing a Université Laval student, Jean-François Morasse, and Gabriel Nadeau-Dubois, one of the main spokespersons for the "Maple Spring" movement and representative of a coalition of student organizations named the "CLASSE".
13 Mar 2017
Alberta Utilities Commission Rules On The Scope Of Evidence Required By First Nations And Métis On Notice Of Constitutional Question And The AUC's Jurisdiction To Assess Crown Consultation
In Fort McMurray West 500-kV Transmission Project (Proceeding 21030) Ruling on jurisdiction to determine the questions stated in the Notices of Questions of Constitutional Law...
6 Mar 2017
Alberta Court Of Queen's Bench Clarifies That Leave Is Not Required To Cross-Examine On An Affidavit Of Records
It was previously unclear under the Alberta Rules of Court, Alta Reg 124/2010 (the Rules) whether leave of the Court was required to question on an affidavit of records (an AOR).
23 Feb 2017
Court Considers Duty To Assist Unrepresented Litigants
In Sae-Bin Im v BMO Investorline Inc., a self-represented litigant sought leave to discontinue his action per Rule 23.01(2) of the Rules of Civil Procedure on the grounds that he was under a disability.
22 Feb 2017
Amendments To The Drop Dead Rule In Alberta
On June 16, 2016, revisions were made to Rule 4.33 of the Alberta Rules of Court, commonly known as the "Drop Dead Rule".
20 Oct 2016
Access To Justice Above All: The Court Of Appeal Revisits Preferable Procedure
The representative plaintiff advanced a claim of negligent misrepresentation.
25 Aug 2016
Court Of Appeal Rules That Defendants Require Expert Evidence In Moving For Summary Judgment To Dismiss A Medical Malpractice Claim
The defendants could not simply rely on the plaintiff's failure to deliver an expert report as a basis for the dismissal of the action.
10 Aug 2016
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