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  • Article

    Accessing Justice From Your Smartphone: The Civil Resolution Tribunal

    Starting June 1, 2017, certain small claims disputes will be adjudicated online rather than in a traditional courtroom in British Columbia, thanks to the CRT, the first online tribunal of its kind in Canada.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Admitted Error, No Liability: The Importance Of Causation In Medical Negligence

    Medical negligence cases are often viewed through the lens of whether a healthcare provider made a mistake or not. However, simply proving that a medical provider breached the requisite standard of care is not, alone, enough.
    CanadaLitigation, Mediation & Arbitration
Alexander Holburn Beaudin + Lang LLP
Alexander Holburn Beaudin + Lang LLP
  • Article

    Amendments To Class Proceedings Act Will Come Into Force October 1

    On September 17, 2020, recent amendments to the Ontario Class Proceedings Act, 1992 were proclaimed into force effective October 1, 2020.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Amendments To The Rules Of Civil Procedure Bring Overdue Modernization To Ontario Courts

    When it comes to the courts and COVID-19, necessity has definitely been the mother of invention. Same thing for litigation practice generally.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    An Introduction To The Risk Of Self-Incrimination In Cross-Border Disputes

    The right not to be compelled to incriminate oneself is a protection enshrined in both the United States Constitution and the Canadian Charter of Rights and Freedoms (the "Charter").
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Andraws v. Anslow: Reasons For Judgment Must Be Adequate To Facilitate Proper Appellate Review

    The British Columbia Court of Appeal in Andraws v. Anslow found that a trial judge's reasons for judgment were inadequate, as they did not allow for meaningful appellate review.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Antunes V. Limen Structures Ltd.: Lifting A Stay Pending Appeal Despite Late-Breaking Supplementary Notice Of Appeal

    The Ontario Court of Appeal's decision in Antunes v. Limen Structures Ltd. explores different aspects of appellate practice, principally surrounding stays pending appeal.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Baroch v. Canada Cartage: Proper Scope Of Reply Factums In Written Leave Motions

    Mr. Baroch, who is the plaintiff in a class action, sought to strike out the reply factum of the Defendant, Canada Cartage.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    B.C. Court Finds Methodology To Prove Causation Is Required To Certify Pharmaceutical Class Actions

    Both the plaintiffs and defendants had provided expert evidence on the certification application regarding general causation.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    B.C. Court of Appeal Finds Google Subject To B.C. Jurisdiction

    More than ever before, foreign companies with websites accessible by Canadians should consider whether their online activities put them at risk of being subject to the jurisdiction of a Canadian court.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    British Columbia Court Confirms No Implied Right Of Renewal

    In Sultani v. Blenz the Canadian Coffee Company Ltd., the British Columbia Court of Appeal considered a case in which a franchisee sought relief after discovering that his franchise agreement did not provide a right of renewal. Mr. Sultani purchased an existing Blenz franchise which had been operated by the former franchisee pursuant to a ten year franchise agreement. At the time Mr. Sultani purchased the franchise, there were approximately eight years left on the original franchise agreement. A
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Businesses May Be Helped By Law Society Rule Change

    The Law Society of Upper Canada, which governs the practice of law in Ontario, has rewritten one of its rules of professional conduct to create greater clarity for lawyers on how assertively they may represent clients...
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Can A Conventional Action Be "Converted" Into A Class Action In BC?

    Second, the court held that the conversion would not advance the objectives of the Class Proceedings Act.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Case Comment: Ongoing Gatekeeping Duty Of Trial Judge Regarding Expert Evidence Bruff-Murphy V. Gunawardena, 2017 ONCA 502

    The Ontario Court of Appeal has recently provided direction on the ongoing role of trial judges with respect to the admissibility of expert evidence at trial.
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson
  • Article

    Commencing Litigation In Ontario And Knowing Where To Do It

    Although Casey & Moss's offices are in downtown Toronto, we represent clients throughout the province of Ontario (not to mention clients who live outside Ontario and abroad).
    CanadaLitigation, Mediation & Arbitration
    Casey & Moss LLP
    Casey & Moss LLP
  • Podcast

    Confidentiality vs. Transparency: The Supreme Court's Stand On Mandate Letters (Podcast)

    The Supreme Court of Canada has really stirred the pot this time. The issue is whether mandate letters should be subject to disclosure. Mandate letters are instructions or views...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Agrees To Backdate Claim That Was Issued Outside Limitation Period

    In a recent case, the Superior Court upheld the Master’s decision to backdate a Statement of Claim that was issued after the expiry of the limitation period.
    CanadaLitigation, Mediation & Arbitration
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Court Of Appeal Affirms Jurisdiction To Hear Appeals In Writing

    The old saying that "to a hammer, every problem looks like a nail" is disquietingly relevant to traditional approaches to the dispensation of justice.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Court Of Appeal Rules That Defendants Require Expert Evidence In Moving For Summary Judgment To Dismiss A Medical Malpractice Claim

    The defendants could not simply rely on the plaintiff's failure to deliver an expert report as a basis for the dismissal of the action.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Divisional Court Clarifies Judicial Review Of Procurement Decisions And Upholds Disqualification Of Bidder

    The Divisional Court's decision in Land Design Inc. v. Ontario Infrastructure and Lands Corp. establishes critical boundaries for judicial review of procurement decisions and clarifies bidder obligations under no-contact rules. When does a procurement decision become sufficiently public to warrant court intervention, and what responsibility do bidders bear when their employees engage with prohibited government officials during an active RFP process?
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Showing 381–400 of 2040 results

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