Searching Content indexed under Civil Law by Gowling WLG ordered by Published Date Descending.
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Third Party Funding: A Short-Term Fad Or A Long-Term Trend That Is Here To Stay?
What is third party funding of litigation? At its most basic, it used to be the giving of money for a "piece of the pie". In exchange for advancing funds, the third party, who had no interest in the litigation, would receive a percentage of the award/judgment or some other payment as agreed.
9 Nov 2018
No Appeal Of The Court Of Appeal Decision On Privilege In SFO V ENRC [2018] - Relief Or Disappointment?
Last week the SFO confirmed that it will not be appealing the CA judgment of 5 September 2018 which overturned the first instance decision in Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd...
10 Oct 2018
A Return To Intervenor Funding? The Impact Of CNH Canada Ltd v Chesterman Farm Equipment Ltd
The recent decision of the Court of Appeal for Ontario in CNH Canada Ltd v Chesterman Farm Equipment Ltd, 2018 ONCA 637 has the potential to significantly change the scope and frequency of costs awards ...
5 Oct 2018
Finance Litigation: The Latest Cases And Issues In February 2018
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry
28 Feb 2018
Pre-Action Steps To Recovering Debts From Individuals - What Businesses Need To Know
Despite a lack of consensus as to whether there is really any need for the protocol at all, the final form has now been approved ready for implementation.
16 May 2017
Fraud In Civil Claims - A Rare Judgment
Allegations of fraud in civil claims under English law are not often actively pursued and rarely succeed.
30 Mar 2017
The Basics Of Patent Law - Initiating Proceedings In The UK
Gowling WLG's intellectual property experts discuss initiating proceedings as part of their 'The basics of patent law' series.
European Union
24 Mar 2017
Brexit Bites As Compensation Awarded For Exchange Rate Loss On Payment Of Legal Costs
In deciding what was a novel point, the High Court has compensated a German company for exchange rate loss on payment in pounds sterling of its solicitors' costs incurred in English patent proceedings...
European Union
8 Feb 2017
Seizure And Redemption Of Shares Successfully Used By Lender To Thwart Guarantor's Fraudulent Conveyance Of Assets
A recent decision of the Alberta Court of Queen's Bench has confirmed that a creditor can require a redemption of shares seized from a guarantor in order to satisfy a debt claim...
22 Dec 2016
Ignorance (Of Senior Managers) Is Not Always Bliss
In a judgment harking back to the principles in Donoghue v Stevenson, the Court of Appeal has upheld the High Court's decision that the manufacturer of a defective product installed to prevent fire was not liable...
11 Oct 2016
Litigant In Person Given A Second Chance
The Court of Appeal has held that the refusal by the court to allow a litigant in person to adduce additional evidence at trial rendered the trial unfair.
5 Aug 2016
Same But For Test Of Causation But Different Outcome
The Court of Appeal has held that a lender can recover all its loss on a refinance loan from a negligent surveyor and not just the 'top up' advanced following repayment of the original loan.
5 Aug 2016
The Court Determines Where The Greatest Harm Lay
Where owners of a property were appealing against an order that a creditor had a beneficial interest in their property (following a tracing claim).
5 Aug 2016
No Duty On Lender To Advise Of Onerous Clause
The High Court has recently considered whether a lender owed a duty of care in contract or tort to advise a borrower of a potentially onerous clause in a loan agreement - and found that it did not.
5 Aug 2016
A Big Bite Of The Apple: "Backdoor" Orders, Privacy And Burdens On Non-Litigants
A dispute over the interpretation of a California court order may have far-reaching implications for non-litigants in civil matters.
26 Feb 2016
Are Your Limitation Or Exclusion Of Liability Clauses Enforceable In Québec?
It should be noted that product liability cases are governed by specific rules favourable to the buyers and users.
24 Sep 2015
Much Ado About Nothing Or A Comedy Of Errors: The Post-Smith v. Inco Environmental Tort Landscape
The 2011 Ontario Court of Appeal decision in Smith v. Inco contains no fewer than 75 paragraphs of detailed legal analysis in respect of liability for environmental contamination.
3 Nov 2014
Evans v. The Bank Of Nova Scotia: Another Case Of Intrusion Upon Seclusion Is Certified As A Class Action
The new tort of "intrusion upon seclusion", which provides a cause of action to those whose privacy has been breached, was given new teeth this month.
18 Jul 2014
Barking Dogs Can Also Bite: Condo Corps May Be On The Hook For Dog Attacks On Common Property
In most cases, cohabitation between condominium residents and "a man’s best friend" go without a hitch.
1 Jul 2014
Common Or Civil Law, Mistaken Contracts Can Be Fixed
Two cases recently decided by the Supreme Court of Canada confirm that contractual errors with tax consequences may be corrected under Québec civil law.
31 Mar 2014
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