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  • Article

    New Procedure For Hearing Summary Judgement Applications In Saskatchewan: Court Of Queen's Bench Issues New Practice Directive, Effective November 1

    The process of hearing applications for summary judgment in Saskatchewan is changing. Effective November 1, 2019, General Application Practice Directive #9 ...
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson
  • Article

    Newfoundland And Labrador Decision Challenges Provincial Jurisdiction Over Polar Bears

    On March 17, 2012 Darrell Kirby Turnbull, in defence of himself and his family, shot and killed a polar bear on the sea ice outside of Seal Cove, near Meadow Island, Labrador.
    CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
  • Article

    "No Fishing" In Alberta: Court Clarifies Ability To Redact, Disclosure In Questioning

    On March 31, 2017, in Geophysical Service Incorporated v. NWest Energy Corp, the Court of Queen's Bench of Alberta provided clarity on the principles of relevance and materiality in the context of questioning pursuant to part 5 of the Alberta Rules of Court.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Om Sai Physiotherapy Clinic Inc. v. Kucher: Fresh Evidence Admitted To Overturn Dismissal For Delay Due To Relevance To Ongoing Action

    Normally, a motion judge's decision dismissing an action for delay is entitled to considerable deference.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Ontario Divisional Court Clarifies Proper Procedure For Bad Faith Claims

    Bad procedure can preclude bad faith claims under the Crown Liability and Proceedings Act. In a recent decision, the Divisional Court in His Majesty the King in right of Ontario v. Dell clarified the proper procedure...
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Article

    Ontario’s New AI Rules: What Lawyers And Expert Witnesses Need To Know

    Ontario's Rules of Civil Procedure now include strict amendments requiring lawyers and expert witnesses to certify the authenticity of every citation and authority used in court materials. These new anti-hallucination provisions impose significant penalties for presenting AI-generated fabricated authorities, fundamentally shifting accountability for artificial intelligence use in litigation.
    CanadaLitigation, Mediation & Arbitration
    Soloway Wright
    Soloway Wright
  • Article

    OSPCA v. Sovereign General Insurance: Ontario Court Of Appeal Holds That Interpretation Of Insurance Contract Raises Questions Of Mixed Fact And Law

    As we have previously discussed, the 2014 Supreme Court of Canada decision in Sattva Capital Corp. v. Creston Moly Corp. held that contractual interpretation is a question of mixed fact and law...
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Out-Of-Province Class Actions Go To The Supreme Court Of Canada

    On November 5, 2015, the Supreme Court of Canada (the "SCC") granted leave to appeal in two related cases: Endean v. British Columbia, 2014 BCCA 61, and Parsons v. Ontario, 2015 ONCA 158.
    CanadaLitigation, Mediation & Arbitration
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Passivity Can Be Your Enemy: Update From Quebec's New Rules Of Procedure And Their Potential Impact On Class Actions

    Among the new tools available to ensure "proportionality" and "speediness" in proceedings, s. 234 of the CCP allows the judge to appoint one or more qualified experts to provide expert evidence...
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Principles Heretofore Unknown

    The Supreme Court of Canada released its decision on the eligibility of Justice Marc Nadon to be appointed to a seat designated for a judge from Quebec.
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Article

    SCC Dismissed Glencore Canada's Application For Leave To Appeal

    The Supreme Court of Canada ("the SCC") recently dismissed Glencore Canada Corporation's application for leave to appeal the FCA's 2024 decision (2024 FCA 3)...
    CanadaLitigation, Mediation & Arbitration
    Rosen & Associates
    Rosen & Associates
  • Article

    Security For Appeal Costs: Litigation Tactics Through The Holistic Lens

    In Yaiguaje v. Chevron Corporation, 2017 ONCA 827, a panel of the Ontario Court of Appeal recently reversed, in short order, a decision of one of its members ordering the appellants to pay security for costs.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Service Outside Of Canada - Complying With The Hague Service Convention

    The Ontario Court of Appeal recently addressed the issue of whether Ontario courts may substitute, dispense with, or validate service of legal documents in countries that are parties to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Article

    Skunk V Ketash: Order Dismissing Summary Judgment Motion Is Generally Interlocutory

    In Skunk v Ketash, the Court of Appeal for Ontario found that an order dismissing a summary judgment motion was interlocutory.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Striking Claims For Long Delay: Last-Ditch Efforts Will Not Cut It

    The Court emphasized that the purpose of the Rules of Court are to promote efficiency, proportionality and economy.
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Article

    The Jury Knows Best

    Of late, juries in Nova Scotia have taken quite a beating.
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The Potential Risk Of Default Judgments In Quebec Class Actions: Frank-Fort Construction Inc. v. Porsche Cars Canada Ltd.

    The Quebec Superior Court recently ruled on an Application to be relieved of default for failing to file an Answer to a Motion to Authorize the Bringing of a Class Action...
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    The Test For Uncivil Conduct In Litigation

    The Divisional Court released its reasons respecting the Law Society of Upper Canada’s disciplinary proceeding against Joseph Groia on February 2, 2015.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Video

    The Tort Of Unlawful Means, In Camera Proceedings And Sealing Orders (Video)

    Thank you for joining us at Dentons' eighth annual CPD Bootcamp.
    CanadaLitigation, Mediation & Arbitration
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Understanding The New Code Of Civil Procedure

    The new Code of Civil Procedure, which came into force on January 1, 2016, introduces significant changes that will have a major impact on the way litigation is practised in Quebec.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Showing 261–280 of 2040 results

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