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  • Article

    Chevron Corp. v. Yaiguaje, 2015 SCC 42 - Supreme Court Of Canada Weighs In On Recognition And Enforcement Of Foreign Judgments In Canada

    The decision concerns creditors who obtain judgment in another country, but who are unable to locate assets to satisfy the judgment debt in that jurisdiction.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Chuang And Meridian: Court Of Appeal For Ontario Dismisses Motions To Re-Open Appeals

    In Chuang v Toyota Canada Inc. and Meridian Credit Union Limited v Baig, the Court of Appeal for Ontario dismissed motions to re-open appeals brought by unsuccessful appellants.
    CanadaLitigation, Mediation & Arbitration
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
  • Article

    Class Actions Made Easy: Bill 21 Amendments Burnish British Columbia's "Friendly Forum" Reputation

    British Columbia has long been known as one of Canada's friendlier jurisdictions for class proceedings.
    CanadaLitigation, Mediation & Arbitration
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Cojocaru v. British Columbia Women's Hospital: Trial Judges Must Show Independent Thought Or Risk Being Over Turned

    The British Columbia Court of Appeal rejected a trial decision because the decision below did not appear to be the result of independent and impartial analysis.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Communicating With Experts

    The scope of permissible interactions between counsel and expert witnesses is a recurring issue that arises from time to time when experts are called to testify at trial.
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson
  • Article

    Court Of Appeal For Ontario Provides Guidance On The Dismissal Of Frivolous Claims

    Court of Appeal addressed the key issue of whether notice must be given to a plaintiff prior to dismissing a claim under r. 2.1 of the Rules of Civil Procedure.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Court Of Appeal For Ontario To Rule On Discovery Type Relief In The Small Claims Court

    The Court of Appeal for Ontario has granted leave to hear a case that concerns whether Small Claims deputy judges have jurisdiction to grant "discovery type relief".
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Federal Court Refuses To Schedule A Summary Trial If No Significant Savings Of Cost Or Time

    As part of our series on summary proceedings in IP cases, we previously commented on the Federal Court of Appeal's guidance on when and how a court should determine if summary trial is appropriate.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Finally, The Supreme Court Of Canada Puts Some Finality Into Arbitrations

    Sattva Capital v. Creston Moly has been a prime example of how court intervention in the arbitration process can lead to it being anything but speedy or final.
    CanadaLitigation, Mediation & Arbitration
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Gagliano v Gomery And The Attorney General (Canada)

    The Honourable Alfonso Gagliano (the "appellant") appealed the decision of the Federal Court to dismiss his application for judicial review of a report of the Commission of Inquiry into the Sponsorship Program and Advertising Activities (the "Sponsorship Inquiry").
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    How Do I know If I Have A Professional Negligence Claim?

    When professionals like accountants, lawyers, or realtors fail to meet their duty of care, it can result in significant harm to their clients. Understanding the four key elements required to prove negligence—duty of care, standard of care, breach, and resulting harm—is essential for determining whether you have grounds for a professional negligence claim.
    CanadaLitigation, Mediation & Arbitration
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    Ineffective Assistance Of Counsel In The Civil Context: The case Of SMTCL Canada Inc. v. Master Tech Inc., 2017 ONCA 291

    Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which resulted in a $65,000 judgement against his client.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Is The Clock Ticking? The Court Of Appeal Discusses Discoverability And The Application Of Section 5(1)(a)(iv) Of The Limitations Act, 2002

    In Gillham v. Lake of Bays (Township), 2018 ONCA 667, a case about the discoverability of claims for damages arising out of construction deficiencies, the Court of Appeal confirmed that all factors...
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Judicial Copying - Plagiarism Or Failure To Judge?

    Earlier this week, the Supreme Court of Canada heard the appeal of Cojocaru (Guardian Ad Litem) v. British Columbia Women’s Hospital and Health Center.
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Article

    Mareva Injunctions

    I often get calls from lawyers around the world wondering what kinds of remedies are available to protect their clients doing business in Canada.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Moore v. Getahun - Court Of Appeal Clarifies Rules Regarding Expert Witnesses

    In January of 2014, Madam Justice Wilson of the Ontario Superior Court of Justice released her reasons in Moore v. Getahun.
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson
  • Article

    Navigating Lien Expiry And Compliance With Trial-Related Timelines Under The Builders' Lien Act In Saskatchewan

    The Saskatchewan Court of King's Bench decision in Singh v George Development Corp., 2023 SKKB 36, confirms that the discharge of a lien, by payment of the claim amount into court...
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson
  • Article

    New Court Proceedings (December 2021)

    Bayer and Adverio Pharma GmbH v Sandoz Canada.
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    New Court Proceedings - January 2019

    For complete details about these proceedings, click here.
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    New Federal Court Notice On Trial Management Guidelines

    On April 28, 2017, the Federal Court released a Notice to the Parties and the Profession on Trial Management Guidelines ("Notice").
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Showing 241–260 of 2040 results

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