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1
Court Consolidates Arbitration Proceedings Without Consent Of Parties
The Court of Queen's Bench of Alberta recently ordered the consolidation of arbitration proceedings without the consent of all parties.
Canada
21 Nov 2018
2
Loss Of Legal Privilege Over Cyberattack Investigation Report
Cyber incident response activities often involve the creation of forensic investigation reports that might be protected by legal privilege, depending on the purpose of the reports and the circumstances surrounding their creation and use.
Canada
30 Aug 2018
3
Mareva And Anton Piller Preservation Orders In Canada (BLG Partner David Crerar Authors Canadian Guide On Mareva And Anton Piller Preservation Orders In Canada)
BLG is pleased to announce that David Crerar, Partner and National Leader of the Firm's Defamation and Media Law Group, recently authored the book Mareva and Anton Piller...
Canada
6 Mar 2018
4
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.
Canada
29 Jan 2018
5
Subjective Beliefs Alone Not Sufficient To Demonstrate Breach Of Duty Of Care In Occupiers' Liability Claims
In the recent decision of Hamilton v. Ontario Corporation #2000533 o/a Toronto Community Housing Corporation, 2017 ONSC 5467...
Canada
4 Oct 2017
6
Court Of Appeal Upholds Finding That Storefront Was Occupier Of Municipal Sidewalk
The defendant Starbucks had an outdoor patio which abutted the municipal sidewalk. The patio was enclosed by a fence which had a 3-4 foot opening onto the sidewalk.
Canada
15 May 2017
7
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).
Canada
23 Feb 2017
8
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.
Canada
22 Feb 2017
9
Saumur V. Antoniak: A Child's Failure To Look Both Ways Before Crossing The Street May Not Be Contributory Negligence
In a recent decision, Saumur v. Antoniak, 2016 ONCA 851, the Ontario Court of Appeal found the City liable for damages where a plaintiff was struck by a motor vehicle in a crosswalk...
Canada
5 Dec 2016
10
Saumur v. Antoniak: A Child's Failure To Look Both Ways Before Crossing The Street May Not Be Contributory Negligence
In a recent decision, Saumur v. Antoniak, 2016 ONCA 851, the Ontario Court of Appeal found the City liable for damages where a plaintiff was struck by a motor vehicle in a crosswalk...
Canada
2 Dec 2016
11
Court Of Appeal Finds Garage And Car Dealership Owed Duty Of Care To Minor Who Stole Vehicle From Premises
The Court of Appeal canvased existing law considering whether a duty of care was owed in cases arising out of the theft of a vehicle.
Canada
11 Nov 2016
12
Court Of Appeal For Ontario Overturns Finding Of Negligent Investigation 495793 Ontario Ltd (Central Auto Parts) V Barclay, 2016 Onca 656
The Court of Appeal for Ontario recently canvassed the law relating to the tort of negligent police investigations and confirmed the "general rule" that expert evidence will be necessary...
Canada
19 Oct 2016
13
General Aviation Revitalization Act Of 1994 ("GARA") Not Applicable In Ontario Action
The General Aviation Revitalization Act of 1994 ("GARA") is an American federal statute that imposes an 18-year final limitation period on all civil actions against certain aviation manufacturers.
Canada
13 Oct 2016
14
BLG Successfully Defends Action Against Police Arising Out Of Wiretap Investigations
On August 9, 2016, Reasons for Judgment were released in Du Carmur v. Cole, 2016 ONSC 4930. The plaintiff's claim related to drug charges laid against him following two lengthy police investigations.
Canada
6 Sep 2016
15
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.
Canada
10 Aug 2016
16
BLG Wins Appeal For Employer In Contract Enforceability Case
In a decision released earlier this month, Oudin v. Centre Francophone de Toronto, 2016 ONCA 514, the Court of Appeal upheld the decision of Dunphy J. regarding the validity of a termination provision in an employment contract.
Canada
8 Aug 2016
17
BLG Successfully Moves For Summary Judgment In Claim Against Municipality
The plaintiff's claim related to a development charge pre-payment agreement it entered into with the Regional Municipality of York pursuant to the Development Charges Act, 1997, SO 1997, c 27.
Canada
20 Jul 2016
18
Duty Of Care To Victims Of Problem Gamblers Not "Hopeless"
On June 10, 2016, the Court of Appeal released its decision in Paton Estate v. Ontario Lottery and Gaming Corporation.
Canada
21 Jun 2016
19
Chronic Pain In Alberta: Know Your Case Before Going To Trial
​Alberta has very recently received another addition to the series of chronic pain cases which provide clarity on that particular type of injury and refines the scope of the Minor Injury Regulation, Alta Reg 123/2004.
Canada
9 Jun 2016
20
Case Alert: Campbell v. Bruce (County), 2016 ONCA 371
The Ontario Court of Appeal has upheld the Trial Judge's decision in Campbell v. Bruce (County), 2015 ONSC 230.
Canada
20 May 2016
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