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  • Article

    1250264 Ontario Inc. v. Pet Valu Canada Inc.: Absence Of "Any Scintilla" Of Merit Means Late Notice Of Appeal Cannot Be Filed

    In her January 7, 2015 decision in 1250264 Ontario Inc. v. Pet Valu Canada Inc., Justice Pardu of the Ontario Court of Appeal refused to grant leave to file a late notice of appeal notwithstanding the facts that:
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    A Death Knell For Industry-wide Class Actions in Canada?

    In Bouchard v. Agropur et al., rendered on October 18, 2006, the Quebec Court of Appeal dealt a decisive blow to industry-wide class actions. Speaking for the Court, Justice Pelletier declared that a petitioner can only initiate class proceedings if he or she has a direct cause of action against each of the defendants. A proposed representative cannot simply allege that a fault has occurred pervasively in an industrial, commercial or institutional setting.
    Canada
Litigation, Mediation & Arbitration
McCarthy Tétrault
McCarthy Tétrault
  • Article

    A Threat To Access-To-Justice In Ontario

    Legal aid is a central component of the Canadian justice system, and of justice systems elsewhere in the world. Legal aid helps those individuals who are otherwise unable to afford legal representation and access to the court system.
    CanadaLitigation, Mediation & Arbitration
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Aguas v Rivard Estate

    The appellant commenced an action on October 6, 2003, against Curtis Rivard following a motor vehicle accident.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Appeal Court Confirms The Narrow Scope Of The "Forum Of Necessity" Doctrine

    Can a Court assume jurisdiction over a claim when there is no "real and substantial" connection between the claim, the defendant and the forum?
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Podcast

    Beneath The Law Podcast - The Red Card Reversal: FIFA, Trump, And The Rule Of Law

    Gavin Tighe and Stephen Thiele step away from Canadian courtrooms and onto the World Cup pitch, examining FIFA's controversial reversal of a red card suspension following a phone call from U.S. President Donald Trump to FIFA president Gianni Infantino.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Carioca's Import & Export Inc. v. Canadian Pacific Railway Limited: Restoring An Action To The Trial List Despite Deference Owed To Motion Judge's Refusal

    The Ontario Court of Appeal has emphasized that a motion judge's decision on whether to restore an action to the trial list is entitled to deference.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Changes Are Coming: 2020 Amendments To The Simplified Procedure

    The new year will be ushered in with substantial changes to Rule 76 of the Rules of Civil Procedure relating to the simplified procedure, with amendments taking effect on January 1st, 2020
    CanadaLitigation, Mediation & Arbitration
    Siskinds LLP
    Siskinds LLP
  • Article

    Chief Justice Confirms Cross-Examination Principles In Alberta

    On March 21, 2017, the Court of Queen's Bench of Alberta ruled against the Alberta government in Alberta (Attorney General) v. ENMAX PPA Management Inc. et al., ...
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Claim For Online Research Costs Rejected In Ontario Commercial Proceeding

    As we have previously written, many courts are extremely reluctant to grant a winning party recovery for online legal research disbursements when making a costs award.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claims From Minors And The 15-Year Ultimate Limitation Period In Ontario

    Nineteen years after the Limitations Act, 2002 (the Act) took effect, Ontario's highest court has confirmed that the "ultimate" limitation period does have some teeth to have claims based...
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Contracting Out Of The Sale Of Goods Act:What You Need To Know About The Supreme Court Of Canada Decision In Earthco

    A recent Supreme Court of Canada case, Earthco Soil Mixtures Inc. v Pine Valley Enterprises Inc.(Earthco), clarifies when buyers and sellers can agree to different terms than those required by sale of goods laws.
    CanadaLitigation, Mediation & Arbitration
    McKercher LLP
    McKercher LLP
  • Article

    Court Finds Commencing Class Action Without Intention To Prosecute To Be Abuse Of Process

    The Nova Scotia Court of Appeal’s recent decision in BCE Inc. v. Gillis permanently and unconditionally stayed a class proceeding that had laid dormant for over a decade as the plaintiffs pursued a class proceeding in Saskatchewan.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Cracking Down On Late Service Of Expert Reports: Whitney V TTC Et Al.

    The Ontario Superior Court of Justice ("ONSC") has once again cracked down on the late service of expert reports, holding that under Rule 53.03(3) and (4) of the Rules of Civil Procedure, O. Reg. 575/07, s. 6 (1)...
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Daneluzzi v. Daneluzzi: Leave To Appeal Summary Judgment Denied – Consistent With Hyrniak (SCC)

    In the recent Ontario Divisional Court decision in Daneluzzi v. Daneluzzi, McKelvey J. considered a motion for leave to appeal from a summary judgment decision.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Does Waiting To Seek Legal Advice Delay The Start Of The Limitations Clock? Court Of Queen's Bench Says No

    Nipshank and Trimble were in a common-law relationship from 1994 until 2007 when Nipshank moved out of the home.
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Article

    Emails Can Satisfy The Acknowledgement Requirement And Forbearance Can Postpone Discoverability Of A Claim

    In University Plumbing v Solstice Two Limited, 2019 ONSC 4276, the Superior Court addressed two questions: (i) whether an email can satisfy the acknowledgement requirement under s.
    CanadaLitigation, Mediation & Arbitration
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Federal Court Of Appeal Gradually Phases Out Suspension Period

    The Federal Court of Appeal (FCA) has begun to gradually restore filing deadlines in appeals before the Court that were subject to the Court's Suspension Period.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Guidelines For Preparing A Private Mediation Session

    The coming into force of the new Code of Civil Procedure in the fall of this year will be a turning point regarding the use of private dispute prevention and resolution methods the parties.
    CanadaLitigation, Mediation & Arbitration
    Langlois Avocats
    Langlois Avocats
  • Article

    Have A Contract In Canada? Your Class Action Risk Is Greater Than You May Think

    In 2012, the Supreme Court of Canada brought some clarity to the area. In Van Breda v Village Resorts Ltd, it held that at least one factor must connect the legal situation or subject matter of the litigation to the province.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Showing 301–320 of 2040 results

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