2,040 results found

The Court held that this provision applied to this case, where the trial judge dismissed a defamation claim but held that she would have assessed damages at $25,000.

The costs a successful litigant is entitled to recover from an unsuccessful party is governed by "Division 2 – The Tariff: Schedule C" of the Alberta Rules of Court, Alta Reg 124/ 2010.

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.

The SCC in Agence du revenu du Québec v 9229-0188 Québec inc. has dismissed an application for leave to appeal filed by Revenu Québec, acting as part of the Permanent Anti-Corruption Unit of Québec.

In Sorila v. Chan, the British Columbia Court of Appeal held that it was inappropriate for the standard of review to be determined by way of directions.

The decision is heavily fact-specific, but underscores that the Court is not – at least at this time – prepared to change its "presumptive jurisdiction" tests.

Recently, I was in Morning Chambers waiting (patiently) for my turn to argue. Before my case was called, a number of foreclosure matters were heard.

The Ontario Court of Appeal has put to rest any notion that the practice of consultation between counsel and expert witnesses to review draft reports is improper.

The Supreme Court of Canada decided a leave application this week in one case likely to be of interest to Canadian businesses and professions.

In Bernstein v. Peoples Trust Company, the Court transmitted "a salutary message… to Class Counsel that they should not over-plead their case and that they should make appropriate admissions or concessions."

There are deadlines to file lawsuits in Manitoba – these are referred to as limitation periods. In many cases, the deadline to sue in Manitoba was six (6) years.

On January 23, 2014 the Supreme Court of Canada released its decision in Hryniak v. Mauldin, overturning the Ontario Court of Appeal’s test for the appropriateness of summary judgments and replacing it with a broader test aimed at increasing access to justice for ordinary Canadians.

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.

Usually litigants will rely on their legal counsel to ensure that deadlines are met, however a recent Alberta Court of Appeal decision opens the door for the possibility that in some rare situations the court may place the obligation on the litigants themselves.

L'opportunité de présenter une preuve d'expertise en droit disciplinaire soulève encore de nombreux débats, tel qu'en témoigne la jurisprudence.

Judge Weisman of the Ontario Court of Justice revisited the question of whether a criminal complainant, known only as N.S., would be allowed to wear a niqab while giving testimony during a preliminary inquiry.

The Supreme Court of Canada has released two judgments and one leave-to-appeal ruling likely to be of interest to Canadian business and professionals.