2,040 results found

In September 2015, the Superior Court of Québec (Court) released a landmark decision rendered by Justice C. Masse in Deraspe v. Zinc électrolytique du Canada ltée​...

While retaining experts is commonplace in civil litigation, counsel are not always aware of who the expert has worked with, behind the scenes, to compile research or prepare analyses...

For expert evidence to be admissible, it must be: (a) relevant; (b) necessary to assist the trier of fact; (c) it must not be subject to any exclusionary rules; and (d) the expert must be properly qualified (R. v. Mohan).

At the opening of the courts on September 25, 2025, Chief Justice Morawetz gave an update on the status of the civil procedure rules reform process

Litigants looking to suspend a limitation period should pay close attention to the recent Ontario Court of Appeal decision in Hamilton (City) v. Metcalfe & Mansfield Capital Corp., 2012 ONCA 156.

This was a decision on a motion to compel answers to undertakings in a home renovation case.

Should the Supreme Court hear and determine the constitutional issue despite the lack of notice in the lower courts?

The Supreme Court of Canada has established a comprehensive framework for addressing spoliation of evidence, clarifying when severe penalties should be imposed on parties who intentionally destroy or conceal evidence during litigation. This landmark decision outlines the four-part test for proving spoliation and explains how courts must draw adverse inferences to fill evidentiary gaps created by document destruction.

The Saskatchewan Court of Appeal in Harle v. 101090442 Saskatchewan Ltd. clarified the scope of the trial court's jurisdiction in hearing new evidence on issues remitted following appeal...

Almost everyone documents their life online in some form, whether it’s Instagram, Facebook, Snapchat, or X. From workouts to weekend trips to the small, everyday moments, social media evidence has become a routine part of how insurance companies and defence lawyers evaluate personal injury claims in Alberta.

The Ontario Court of Appeal recently found that a trial judge permitted trial by ambush in failing to require pre-trial disclosure of surveillance evidence.

The Supreme Court of Yukon's decision in the InterOil case has generated considerable conjecture regarding the nature and form of fairness opinions in Canada.

An important pre-trial remedy in cases of fraud is the Mareva injunction, now more commonly called a "freezing order".

As we enter another year of unique challenges for hospitals and health care organizations, we review below key decisions made in 2020 which impact hospital privileges ...

En raison de l'éclosion de la COVID-19, la ministre de la Justice et procureure générale du Québec, de concert avec la Cour supérieure du Québec

The Supreme Court of Canada has denied leave to appeal from the Ontario Court of Appeal decision in the case of Bangoura v. Washington Post. The decision finally decides that Bangoura's Internet-libel claim cannot proceed in Ontario and cements an important precedent against libel-tourism in Ontario.

In what is certainly the most significant decision regarding the court's ability to award costs against non-parties in over 45 years, the Ontario Court of Appeal has clarified the...

On June 1, 2013 the significantly revamped Limitation Act came into effect in British Columbia.