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  • Article

    The Latest From The Supreme Court Of Canada On Summary Judgments

    On January 23, 2014, the Supreme Court of Canada released its reasons in "Hryniak v. Mauldin". The case continues the current trend of lowering the bar on the test for summary judgments.
    CanadaLitigation, Mediation & Arbitration
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Torts: Unlawful Interference With Economic Relations

    In a decision released by the Supreme Court of Canada ("the Court") on January 31, 2014, the Court clarified the law with respect to the tort of interference with economic relations by unlawful means.
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
Article

WAGG Motions – Don't Forget The Audio Recordings

Wagg motions refer to motions for the production of police or Crown documents. They are referred to as Wagg motions because of the case of D.P. v. Wagg ("Wagg") ...
CanadaLitigation, Mediation & Arbitration
Miller Thomson
Miller Thomson
  • Article

    Young Age Impacts Credibility And Reliability Assessments In Historical Sexual Abuse Claims

    When assessing a witness' credibility and reliability in a historical claim, consideration must be given to a witness' age at the time of the events and to the passage of time since then.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Belt And Suspenders Never Looked So Good: Registering Construction Liens Against Condominium Properties

    In the recent Avli BRC Developments Inc v BMP Construction Management Ltd decision, the Alberta Court of Appeal confirmed that the standard approach for a construction lien claimant...
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Could The Old Ontario Construction Lien Act Still Apply To Your Project? The Court Of Appeal Weighs In

    A 2026 Ontario Court of Appeal decision reveals that construction contracts signed years after legislative reforms may still be governed by the old Construction Lien Act if the procurement process began before July 1, 2018. The ruling demonstrates how early project proposals and negotiations can determine which statutory regime applies, regardless of when the final contract was executed or where the project was ultimately built.
    CanadaReal Estate and Construction
    Miller Thomson
    Miller Thomson
  • Article

    Practice Alert: A New Year, A New Rule - Amendments To Rule 48 And Form 14A

    This practice alert highlights the Rule 48 amendments, however, as noted in the opening words in Rule 48.14, the Rule is subject to an order which contains a set down date which differs from what is contained in the Rule.
    CanadaReal Estate and Construction
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Federal Court Of Appeal Rules That Retractable Preferred Shares Are Not “Capital” For Purposes Of The Large Corporations Tax Under Part 1.3 Of The Income Tax Act

    In a decision released on June 11, 2007 (Attorney General of Canada v. Ford Credit Canada Limited, 2007 FCA 225), the Federal Court of Appeal held that retractable preferred shares (shares that oblige the issuer to redeem them at the request of the holder) are not “capital” for purposes of the Large Corporations Tax (LCT) that was imposed by Part I.3 of the Income Tax Act (the Act) for years prior to 2006.
    CanadaTax
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Podcast

    The Legal Risks Of Trusting Artificial Intelligence (Podcast)

    Two experienced Canadian lawyers examine contentious legal cases and explore the intersection of law and politics. Stephen Thiele and Gavin Tighe provide insight into how courts function...
    CanadaTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Cool It: Garnishee Statements And Reconsideration In The Wake Of Benzacar V Terk

    The Ontario Court of Appeal has made it clear in Benzacar v Terk, 2024 ONCA 679 that they have no patience for misrepresentation and litigants manipulating the system.
    GlobalLitigation, Mediation & Arbitration
    Cambridge LLP
    Cambridge LLP
  • Article

    Process For Judicial Review Of Decision Made By An Umpire Under The Alberta Insurance Act

    When an Umpire renders a decision under s. 519 of the Insurance Act, RSA 2000, c I-3, his or her decision is subject to judicial review by a Justice of the Court of Queen's Bench.
    CanadaInsurance
    Scott Venturo Rudakoff LLP
    Scott Venturo Rudakoff LLP
  • Article

    A Roadmap For Summary Judgment In Alberta

    In Hryniak v. Mauldin (Hryniak), the Supreme Court of Canada (SCC) opened the door for courts to grant summary judgment whenever the record provides "the evidence required to fairly and justly adjudicate the dispute[.]"
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Alberta Court Of Appeal Confirms Any Judge Can Extend Time Lines

    A recent decision from the Alberta Court of Appeal in October 2017 confirmed any Judge from the Alberta Court of Queen's Bench could extend the timelines for the exchange of expert reports...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    George Weston Limited v. Domtar Inc.; 1318214 Ontario Limited v. Sobeys Capital Incorporated (Rule 20 – Summary Judgment)

    Following the Ontario Court of Appeal’s decision in Combined Air Mechanical Services Inc. (summarized on this Blog), in two separate cases, the Court dealt with a motion to strike a pending motion for summary judgment.
    CanadaLitigation, Mediation & Arbitration
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    How Rude! Incivility And The Groia Appeal

    That loud whirring you heard earlier this week? It was the sound of Ontario's 50,000 (or so) lawyers collectively printing the 169-page, 445-paragraph decision in Groia v The Law Society of Upper Canada.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    La Cour Suprême Du Canada Refuse L'autorisation D'interjeter Appel Dans Le Cadre De Trois Affaires, Confirmant Que Les Délais De Prescription S'appliquent Aux Revendications Des Peuples Autochtones

    Le 22 juin 2017, la Cour suprême du Canada a refusé d'accorder l'autorisation d'interjeter appel dans les affaires suivantes :
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    New York Court On Jurisdiction Over Claims Of Bank’s Foreign Non-Customers

    The plaintiffs in the two related judgments in "Licci v Lebanese Canadian Bank SAL and American Express Bank Ltd" were Israeli residents who had been the victims of Hezbollah rocket attacks in 2006.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Supreme Court Clarifies Limits On Tribunal Participation In Reviews Of Its Own Decisions

    In an increasingly regulated world, governments have established a litany of administrative tribunals to oversee and administer complex regulatory schemes.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Supreme Court Of Canada Addresses Recognition, Enforcement Of Foreign Judgments In Chevron Case

    In a much anticipated ruling, the Supreme Court of Canada (SCC) has released its decision in Chevron Corp. v. Yaiguaje, addressing recognition and enforcement of foreign judgments.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    The Second Opinion: Arbitration Clauses Have "Super" Powers, UK Supreme Court Rules

    In a recent ruling of relevance to Canadian practitioners and business, the UK Supreme Court granted an injunction to prevent the continuance of a foreign court proceeding on the basis of an arbitration clause which had not been invoked.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Showing 441–460 of 2040 results

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