ArticleBlakes Guide To Litigation & Dispute Resolution In CanadaThis guide provides an introduction to Canada's civil litigation and dispute resolution system.CanadaLitigation, Mediation & ArbitrationBlake, Cassels & Graydon LLP
ArticleCan A Pseudonym Screen Name Protect You From A Lawsuit?In Theralase Technologies Inc. v Lanter, the issue of whether judgement can be granted against a defendant whose identity is unknown was considered.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleCase Update: Newfoundland And Labrador Decision Challenges Provincial Jurisdiction Over Polar BearsBased on the evidence at trial, and his own research, the Court held that the provincial government lacked jurisdiction over polar bears, which are marine mammals and therefore fall under the exclusive jurisdiction of the federal government.CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleChambers Appointments Now Available For Toronto Civil Proceedings (Regular Stream)A new, and very welcome, procedure has been implemented at the Toronto Superior Court for civil proceedings (regular stream). CanadaLitigation, Mediation & ArbitrationTorkin Manes LLP
ArticleCourt Of The FutureThe Honourable Mr. Justice Brown is known for both his thorough and considered judgments as well as his venting about inefficiencies in our court system.CanadaLitigation, Mediation & ArbitrationMiller Thomson
ArticleDismissal For Chronic Delay – New Six Question FrameworkOn April 19, 2017, in Humphreys v Trebilcock, 2017 ABCA 116, the Alberta Court of Appeal set out six "essential" questions that an adjudicator must ask in order to apply Rule 4.31, the "chronic delay" rule.CanadaLitigation, Mediation & ArbitrationLawson Lundell LLP
ArticleExperimental Testing In LitigationThe Federal Court has recently issued a practice direction relating to experimental testing for litigation. CanadaLitigation, Mediation & ArbitrationMiller Thomson
ArticleHopeless Cases: Appealing Decisions By A Case Management JudgeThe Alberta Court of Appeal clarified the standard of review for decisions made by a case management judge regarding the amendment of pleadings.CanadaLitigation, Mediation & ArbitrationDLA Piper
ArticleJudge's Background Not Only Factor In Approach To LawBrian Radnoff, Commercial Litigation Lawyer, provides his opinion on Canada’s newest Supreme Court Judge Marc Nadon.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleLeave To Appeal To The Supreme Court Of Canada Filed In Apotex Inc. V. Janssen Inc. (2024 FCA 9)An application for leave to appeal the decision in Apotex Inc. v. Janssen Inc., 2024 FCA 9 has been filed by Apotex in the Supreme Court of Canada (SCC).CanadaLitigation, Mediation & ArbitrationOyen Wiggs Green & Mutala
ArticleLetters RogatoryCounsel may discover that vital documents or a key witness are beyond the jurisdiction of the court in which the case is pending and that they cannot be procured or summonsed in the usual manner.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleLimitation Period For Equitable Trust Claims Against EstatesIn the recent case of Ingram v. Kulynych Estate, 2024 ONCA 678, the Ontario Court of Appeal clarified the timeline for bringing equitable trust claims against estates. The court determined that such claims fall...CanadaLitigation, Mediation & ArbitrationSorbara Law
ArticleMaster Disregards 'Plain Reading' Of New RuleA discussion of a case where the Plaintiff refused to disclose expert medical reports to the Defendant until the Defendant had conducted any medical examinations he might decide to obtain. CanadaLitigation, Mediation & ArbitrationMcLennan Ross LLP
ArticleNew Court Proceedings - February 2019For complete details about these proceedings, click here.CanadaLitigation, Mediation & ArbitrationSmart & Biggar
ArticleNo Co-Operation To Streamline Trial? No Entitlement To CostsOn June 8, 2015, Justice Myers released his costs decision in Saleh v. Nebel in which he deprived the defendant of a $100,000-cost award because of the manner in which counsel prepared for and presented the case at trial. CanadaLitigation, Mediation & ArbitrationGowling WLG
ArticleOntario Court Of Appeal: Experts vs. Participant ExpertsIn a post on this blog in January, the Ontario Court of Appeal's ruling in Moore v. Getahun was discussed.CanadaLitigation, Mediation & ArbitrationMiller Thomson
ArticleOntario Litigators Circle July 1 On Your CalendarsNot because it is Canada Day, but because the Superior Court of Justice is revoking all of its existing Practice Directions and implementing new Practice Directions on July 1st.CanadaLitigation, Mediation & ArbitrationMinden Gross LLP
ArticlePIPEDA May Not Apply To Information Collected To Defend A LawsuitThe OPC rules that collection or use of personal information to defend a lawsuit does not constitute "commercial activity"CanadaLitigation, Mediation & ArbitrationTorys
ArticlePodcast: When The Law Gets PersonalIn the complex universe of civil litigation, the stakes are often very high, the narratives are captivating, and the results are profoundly influential.CanadaLitigation, Mediation & ArbitrationNelligan Law
ArticlePrince Edward County Field Naturalists v. Ostrander Point GP Inc.: Test To Admit Fresh Evidence Must Be Considered HolisticallyIn its April 20, 2015 decision in Prince Edward County Field Naturalists v. Ostrander Point GP Inc., the Ontario Court of Appeal held that the Divisional Court erred in refusing to admit fresh evidence on appeal.CanadaLitigation, Mediation & ArbitrationOsler, Hoskin & Harcourt LLP