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  • Article

    Heightened Standard Of Care In The Presence Of Children Not Limited To Schools, Playground And Suburban Neighbourhoods

    In Annapolis County District School Board v Marshall, the Supreme Court of Canada confirmed that a heightened standard of care applies to drivers who operate their vehicles where children are likely to be present.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Impact Of The New Code Of Civil Procedure On Class Actions, Part 3 – Article 578 Of The New CCP: Appeal On Authorization

    In 1982, respondents "lost" their right of appeal as of right of a judgment authorizing a class action, which had been the rule from 1979 in class action proceedings (1010 of the CCP).
    CanadaLitigation, Mediation & Arbitration
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
  • Article

    Important Changes To The Ontario Rules Of Civil Procedure Arrive To Accommodate Civil Litigation Practice In The Time Of COVID-19

    As the COVID-19 pandemic rages on, Ontario's justice system continues to take steps to adapt to these challenging times by embracing technological advances and encouraging new practices.
    CanadaLitigation, Mediation & Arbitration
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Is Partial Summary Judgment Dead

    Voltaire once said about the legal system, "I was never ruined but twice: once when I lost a lawsuit and once when I won one".
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Key Takeaways: Co-Chairs Of Civil Rules Review Working Group Present Proposed Civil Rules Reform

    On April 10, 2025, Justice Boswell and Allison Speigel, the Co-Chairs of the Working Group responsible for preparing the Civil Rules Review, presented the Phase 2 Consultation Paper to The Advocates' Society via Zoom.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Lawsuits And Privacy Legislation – How Do They Interact?

    As litigators know, the Rules of Civil Procedure provide for what is usually referred to as the "Deemed Undertaking" between parties to a lawsuit not to disclose documents gathered in the course of a lawsuit...
    CanadaLitigation, Mediation & Arbitration
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Leave Of The Court Is Not Required For A Refusals Motion Despite Filing Of The Trial Record

    Justice J. R. Henderson held that leave of the court is not required to bring a refusals motion despite the moving party having set down the action for trial.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Legal Industry Reform

    As of January 1, lawyers, judges, businesses and the public are being asked to adopt a new approach to settling disputes.
    CanadaLitigation, Mediation & Arbitration
    Langlois Avocats
    Langlois Avocats
  • Article

    Litigation Strategy vs. Justness Of The Case: When Are Security For Costs Appropriate?

    We previously wrote about the Court of Appeal for Ontario's decision in Yaiguaje v. Chevron Corporation to order the Ecuadorian plaintiffs to post nearly $1,000,000 as security for costs.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    New Rules In Effect: The Regulation Respecting The Procedure Of The Administrative Tribunal Of Québec

    On February 11, 2020, the new Regulation respecting the procedure of the Administrative Tribunal of Québec came into force.
    CanadaLitigation, Mediation & Arbitration
    Langlois Avocats
    Langlois Avocats
  • Article

    Newly Released Case Comprehensively Canvasses A Cornucopia Of Issues

    Recently, the Ontario Superior Court of Justice released a decision that is sure to become an invaluable resource for civil litigators in Ontario.
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Article

    No "Near Miss" On Offers To Settle Timing, But Discretion On Costs Rests With Trial Judge

    There is no "near miss" allowed on the timing of offers to settle under Rule 49.10 of the Rules of Civil Procedure, but residual discretion always rests with the trial judge in awarding costs...
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Ontario Court Of Appeal Approves Broad Jurisdiction In Claims Of Conspiracy

    Where a defendant has never been to Canada, if an act in furtherance of a conspiracy is committed in Ontario, then that is sufficient for an Ontario Court to assume jurisdiction.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Ontario Court Of Appeal Reiterates Judicial Discretion To Dismiss Claims That Are Frivolous, Vexatious And An Abuse Of Process

    In Sumner v. Ottawa (Police Services), 2023 ONCA 140, the Ontario Court of Appeal considered rule 2.1.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194...
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Quebec: Beware Of The Court's New Jurisdictional Thresholds!

    Lawyers in Quebec are preparing themselves for the coming into force of the new Code of Civil Procedure in January 2016.
    CanadaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    R. v. N.S.: Determining The Balance Between Religious Freedom And Trial Fairness

    In R. v. N.S., 2012 SCC 72, the Supreme Court of Canada outlined the framework to be used when determining whether a witness can be permitted to testify in a criminal proceeding while wearing a niqab.
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Article

    R v. Perkins: No Jurisdiction To Re-Open Appeal Heard On The Merits

    In R v. Perkins, the Court of Appeal for Ontario held that it did not have the jurisdiction to re-open a sentence appeal that had been heard on the merits.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    R. v. Rutigliano: When An Appeal Itself Is An Abuse Of Process

    The Ontario Court of Appeal's June 22, 2015 decision in R. v. Rutigliano considers when an appeal itself will be an abuse of process.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Reasonable Request For Samples Required

    In the recent decision in Bayer Inc v Amgen Canada Inc, Case Management Judge Duchesne of the Federal Court dismissed a request for samples on the basis...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Retrospective, Not Retroactive: BC Court Of Appeal Confirms Temporal Scope Of BPCPA Amendments Prohibiting Mandatory Arbitration Clauses In Consumer Contracts

    The British Columbia Court of Appeal has clarified the temporal scope of amendments to the Business Practices and Consumer Protection Act that prohibit mandatory arbitration clauses in consumer contracts. In Vandenbosch v. Rogers Communications Canada Inc., the court determined whether these amendments apply to disputes arising from events that occurred before the legislation came into force on March 31, 2025.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Showing 321–340 of 2040 results

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