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  • Article

    D.I.M.S. Construction Inc. (Trustee Of) - CSST Assessments and Salaries: the "Hold Back" No Longer Protects Property Owners and General Contractors

    Section 54 of an Act respecting labor relations, vocational training and manpower management in the construction industry (Quebec) and section 316 of the an Act respecting industrial accidents and occupational diseases (Quebec) are infamous among general contractor and property owners in the Quebec construction industry. These sections hold the general contractor and occasionally the property owner solidairily liable with their sub-contractors for the salaries and CSST assets payable by the latt
    CanadaAccounting and Audit
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    "Great Fun": Enforceability Of Online Terms

    "Great Fun" is a service offered by a company called Trilegiant.
    CanadaConsumer Protection
Field Law
Field Law
  • Article

    Suspension Of Limitations Periods In British Columbia In Response To COVID-19

    On March 26, 2020, the Minister of Public Safety and Solicitor General issued Ministerial Order no. M086 titled Limitation Periods (COVID-19) Order (Order).
    CanadaCoronavirus (COVID-19)
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    OEB Decision Approving Pole Attachment Charge Upheld On Appeal

    We have written previously about a decision of the Ontario Energy Board approving a pole attachment charge for Hydro Ottawa Limited.
    CanadaEnergy and Natural Resources
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Experts In Environmental Litigation

    Environmental litigators find themselves embroiled in a world of disputes where science, engineering and environmental law intersect.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Experts Permitted To Testify Via Telephone… Sometimes

    The Environmental Review Tribunal has granted a request to have expert witnesses testify via telephone conference call.
    CanadaEnvironment
    Siskinds LLP
    Siskinds LLP
  • Article

    Foreseeability Cannot Be Viewed Through A Retrospective Lens

    In "Berendsen v. Ontario", the Ontario Court of Appeal recently overturned the trial judge’s finding of negligence against the province for depositing construction waste on agricultural property in the 1960s.
    CanadaEnvironment
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Established Guidelines Or Just Suggestions: Lifting Default Judgment

    Under the Rules of Civil Procedure in Prince Edward Island, whether a default judgment can be set aside is a discretionary decision which the court may grant on such terms as are just.
    CanadaInsurance
    Cox & Palmer
    Cox & Palmer
  • Article

    Canadian Supreme Court holds ‘Cliquot’ for women’s clothing not likely to cause confusion with ‘Veuve Clicquot’ for luxury Champagne

    On the same day as the 'Barbie’ Decision (2 June 2006), the Supreme Court of Canada handed down its decision Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee, 2006 SCC 23.
    CanadaIntellectual Property
    Duncan Bucknell Company
    Duncan Bucknell Company
  • Article

    Federal Court Grants Leave To Introduce Evidence Of Use On Appeal And Partially Reinstates Expunged Trademark Registration

    The Federal Court has applied a flexible approach for admitting new evidence in trademark appeals, allowing a registrant to introduce evidence of use that was not initially filed due to employee inadvertence.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    TMOB Upholds Electronically Notarized Affidavit And Awards Costs For Misleading Legal Submissions

    The Trademarks Opposition Board recently ruled on the validity of electronically notarized affidavits in trademark proceedings and imposed costs against a party for unreasonable conduct. The decision in Chilly Moose Ltd. v. Moosehead Breweries Limited addresses both the admissibility of remote notarization and the consequences of filing inaccurate legal submissions that complicate proceedings.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    What Evidence Of Use Is Required In A Section 45 Proceeding?

    The Trademarks Opposition Board's recent ruling in Therrien Couture Joli-coeur v Oldcastle Building Products clarifies the evidentiary standards trademark owners must meet when responding to section 45 notices under Canada's Trademarks Act. This decision highlights critical distinctions between evidence of actual transfers versus mere advertising, and underscores the necessity of providing specific proof for each registered good to avoid expungement.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    2014 Theme #3: The Debate On Costs Rages On

    A continuing theme this year relates to the approach by the courts to awarding legal costs to a successful party.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    This Week At The SCC

    The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Abusive And Dilatory Behavior Of The Plaintiffs: Order To Replace Class Representatives Preferred Over Immediate Dismissal Of The Class Action

    The Honorable Lise Bergeron, j.s.c. concluded that the plaintiffs' conduct had created an impasse that prevented the case from progressing to trial.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Accurately Recording Statements Of The Court: A Cautionary Tale

    In this case, an initial hearing was held to determine whether the proposed class action met the requirements of the first of five certification criteria set out in section 5(1) of the Class Proceedings Act.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Appellate Court Splits On Evidentiary Threshold For Certification

    The plaintiff in Warner alleged a hip resurfacing system caused toxic levels of metal ions in the blood and applied for certification of a class action against the manufacturer.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Auditors' Liability To Third Parties: An Alternative Approach

    In Canada, the policy analysis at stage two of the Anns duty of care test has typically been limited to concerns about indeterminate liability.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    BC To Apply For Stay Of Proceedings In CRT Jurisdiction Case

    On April 1, 2021, the Ministry of the Attorney General released the "Minister's Statement on Civil Resolution Tribunal Case", announcing its next steps following the March 2, 2021...
    CanadaLitigation, Mediation & Arbitration
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Be Sure Before You Sign!

    A recent ruling from Ontario Superior Court, which confirmed that there was no common law right to import the principle of force majeure into an unconditional agreement of purchase and sale highlighted.
    CanadaLitigation, Mediation & Arbitration
    Pallett Valo LLP
    Pallett Valo LLP
  • Showing 161–180 of 2040 results

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