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  • Article

    Court Has Inherent Jurisdiction To Order "Non-Medical" Assessment But Defendants Must Show Assessment Is Necessary For Trial Fairness Ziebenhous v. Bahlieda 2014 ONSC 138

    The Divisional Court affirmed the Court has inherent authority to order a plaintiff to attend a "non-medical" assessment.
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson
  • Article

    Court Of Appeal Refuses Leave To Appeal Costs Award Which Overshadowed Amount In Issue

    In Knight v Knight, 2019 ONCA 538, the Court of Appeal released Reasons for Decision refusing to grant leave to appeal from an award of costs of $490,000 plus HST following a 13-day trial arising out of ...
    CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
  • Article

    Court Of Appeal Summaries (October 28 – November 1 2019)

    Following are this week's summaries of the Court of Appeal for Ontario.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Court Ordered Defence Medicals

    The Court reviews the requirements for a Court ordered defence medical pursuant to Section 105 of the Courts of Justice Act and Rule 33 of the Rules of Civil Procedure.
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson
  • Article

    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.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Drunkenness And The Liquor Licence Act - What A Licensee Should Know

    The Ontario Liquor Licence Act and Regulations govern all aspects of liquor licencing in the Province of Ontario.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Harvey Weinstein & Civil Procedure

    An unnamed Toronto actress has sued Harvey Weinstein, Walt Disney and Miramax on allegations of sexual assault from about 20 years ago.
    CanadaLitigation, Mediation & Arbitration
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    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.
    CanadaLitigation, Mediation & Arbitration
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Hoang v. Vicentini: Reasonable Apprehension Of Conflict Of Interest Found Based On Position Taken In Notice Of Cross-Appeal

    While such an order is not novel, this ruling highlights the significance of the content of notices of appeal and cross-appeal.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    How To Enforce An Out-of-province Judgment

    When a judgment debtor relocates from Alberta to Ontario with assets in the new province, creditors face specific procedural requirements to enforce their judgment. Ontario's Reciprocal Enforcement of Judgments Act provides a framework for registration, but creditors must navigate service requirements, statutory exceptions, and strict time limitations to successfully enforce their out-of-province judgments.
    CanadaLitigation, Mediation & Arbitration
    GGI | Global Alliance
    GGI | Global Alliance
  • Article

    Inconsistent Administrative Tribunal Decisions: The Alberta Court Of Appeal Weighs In

    Conflicting interpretations of the same statute by an administrative tribunal are unlikely to be reasonable, let alone correct, the Alberta Court of Appeal recently held...
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Podcast

    Inside The Lindsay Clancy Hung Jury (Podcast)

    What happens when a jury is offered only two verdicts and neither one fits? Gavin Tighe and Stephen Thiele step outside their usual lane to examine the hung jury that ended the murder trial of Lindsay Clancy, the Massachusetts mother charged with killing her three young children.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Just Take The Offer!

    An unfortunate middle-aged immigrant from Poland was involved in six automobile accidents over the course of five years.
    CanadaLitigation, Mediation & Arbitration
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Matt Maurer Wrote, "The Duty To Give A Release When Settling A Lawsuit"

    A release usually forms part and parcel of any settlement. Most of the time there is little or no dispute over the wording that goes into the release.
    CanadaLitigation, Mediation & Arbitration
    Minden Gross LLP
    Minden Gross LLP
  • Article

    New Court Proceedings (May 2022)

    Taro Pharmaceuticals v Biogen and Acorda Therapeutics.
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    New Rules Of The Game: Proposal To Revamp Ontario Rules Of Civil Procedure By 2026

    In the most significant development in Ontario civil litigation in decades, the Ontario Civil Rules Review working group has released its consultation paper setting out proposals...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Ontario Court Certifies Proposed Class Action Against Hatts Off Inc.

    The Ontario Superior Court of Justice has certified a proposed class action against Hatts Off Inc., alleging systemic abuse, neglect and misconduct at youth group homes and foster placements across Ontario spanning nearly four decades. With approximately 180 individuals already identified as potential class members, this certification decision allows the case to proceed on common issues affecting all proposed class members, though the allegations remain unproven and liability is denied by the defendants.
    CanadaLitigation, Mediation & Arbitration
    Siskinds LLP
    Siskinds LLP
  • Article

    Ontario Court Of Appeal Provides Clarity To The Extent Of Communications Between Counsel And Experts

    The Ontario Court of Appeal has released its much anticipated decision in Moore v. Getahun 2015 ONCA 55.
    CanadaLitigation, Mediation & Arbitration
    Cassels
    Cassels
  • Article

    Ontario Court Of Appeal Says Draft Expert Reports Are Not Producible

    The appeal involved no fewer than six intervening legal and expert witness associations, some of whom had struck committees to consider the issues raised by the lower court decision.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Ontario Superior Court Of Justice Concludes That The Practice Of Discussing Draft Expert Reports With Counsel Is Improper

    On January 14, 2014, Madam Justice Wilson in Moore v. Getahun, 2014 ONSC 237 concluded that the expert’s primary duty is to assist the Court and therefore, counsel’s practice of reviewing draft reports with their expert prior to final submission should cease.
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Showing 121–140 of 2040 results

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