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  • Article

    Above All Else, Be Reasonable

    A recent decision of the Ontario Superior Court of Justice, in the matter of Code Inc. v. Independent High Electoral Commission et al., reminds us that the reasonable position will usually win the day.
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    No Mere Rubber-Stamp: Ontario Court Challenges The Admissibility Of Fairness Opinion In Arrangement Transaction

    A recent decision at the Ontario Superior Court of Justice (Commercial List) brought to the fore the role of fairness opinions in solvent arrangement transactions.
    CanadaCorporate/Commercial Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Appeal Court Sets Reasonable Plan Communication Standards

    In a decision this week that will bring welcome relief to pension plan administrators, the Ontario Court of Appeal overturned the Ontario Superior Court’s ruling in Hembruff v. Ontario Employees Retirement Board. The Superior Court had decided that pension plan administrators have a duty to inform members of possible changes to plans when such modifications are highly likely or almost certain to be implemented, even if the changes have been neither considered in detail, nor authorized by regulat
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    The HR Space: Who Is The "Employer" In Human Rights Case About Remote Location

    The Alberta Court of Appeal has recently added to the ongoing debate over who is or isn’t an employer in the human rights context.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Upcoming Changes To Ontario's Court Procedures: What Employers Need To Know

    On January 1, 2020, significant changes to Ontario's Simplified Procedure and Small Claims Court processes will take effect
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    First Appeal Of Renewable Energy Approval Dismissed

    On July 18, 2011, Ontario’s Environmental Review Tribunal (ERT) issued its highly anticipated decision in Erickson v. Director, Ministry of the Environment, finding that the appellants who had challenged the issuance of a renewable energy approval (REA) for the Kent Breeze Wind Project (the Project) had failed to show that it will cause serious harm to human health.
    CanadaEnergy and Natural Resources
    Torys
    Torys
  • Article

    To Allow or Not to Allow the Amendments? That is the Question

    The Honourable Madam Justice Ellen Picard, Madam Justice Marina Paperny, and Mr. Justice Peter Martin of the Alberta Court of Appeal recently handed down the decision in Canadian Natural Resources Limited v Arcelormittal Tubular Products Roman S.A., 2013 ABCA 87.
    CanadaEnergy and Natural Resources
    DLA Piper
    DLA Piper
  • Article

    The Three-Parent Case: Family Law In The New Millennium

    Blakes has undertaken a leadership role in supporting pro bono legal initiatives in Canada and recently represented the Family Service Association of Toronto (FSAT) in a landmark family law case.
    CanadaFamily and Matrimonial
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Ontario Court of Appeal Pronounces on Liability for Prospectus Forecasts in Landmark Shareholder Class Action Case: Kerr V. Danier Leather Inc. Et Al

    Public company directors and offi cers, and their lawyers, were given some guidance by the Ontario Court of Appeal in late 2005 on the question of their potential liability for forecasts made in a prospectus, in circumstances where there may be a change in a “material fact” between the date the fi nal prospectus is issued and the closing date of the intended transaction.
    CanadaFinance and Banking
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Manitoba Jurist Glenn Joyal Nominated To The Supreme Court Of Canada

    Prime Minister Mark Carney has nominated Chief Justice Glenn D. Joyal of Manitoba's Court of King's Bench to fill the Western Canada seat on the Supreme Court of Canada. This historic appointment marks Manitoba's first representation on the nation's highest court in over a decade and maintains the tradition of regional representation and functional bilingualism at the Supreme Court level.
    CanadaGovernment, Public Sector
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Court of Appeal Empowers Trade Unions on Receiverships and Bankruptcies

    On Friday, April 2, 2004, the Ontario Court of Appeal released a decision that may have a significant effect on how receivers and trustees in bankruptcy realize on the assets of a business where a trade union holds bargaining rights for employees of an insolvent company
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McMillan LLP
    McMillan LLP
  • Article

    Bilski Bungled – Begging Bets On The future Of Business-Related Patents

    Heated debate over the future of business-related patents in North America continues. North of the border, innovative businesses await the outcome of argument recently heard by Canada’s Federal Court of Appeal in the Amazon.com appeal, with a decision (and likely an appeal to the Supreme Court of Canada) expected within weeks.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    "A Remedy Of Last Resort": Federal Court Of Appeal Confirms Administrative Processes Must Be Exhausted Before Judicial Review

    In Viaguard Accu-metrics Laboratory v. Standards Council of Canada, the Federal Court of Appeal recently confirmed that parties unsatisfied with an administrative decision must exhaust...
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Admissibility Of Surveillance Evidence At Trial

    In Rolley v. MacDonell, the defendant brought a motion for leave to rely on surveillance video recordings as substantive evidence. Three rounds of surveillance were carried out over a period of one year.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    Alzheimer’s Is The Liar

    When siblings disagree about who should serve as power of attorney for a parent with dementia, each often claims the parent trusts only them. A mediator explores why family members in these disputes frequently overlook the most likely explanation: that Alzheimer's disease itself is causing the parent to make contradictory statements to different children.
    CanadaLitigation, Mediation & Arbitration
    Casey & Moss LLP
    Casey & Moss LLP
  • Article

    An Update On The Proposed Changes To Ontario's Rules Of Civil Procedure

    Lenczner Slaght is keeping a close eye on the latest news regarding the proposed civil justice reforms in Ontario.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Another Swing At The Bat – Res Judicata Explained

    The legal doctrine of res judicata exists to prevent the same dispute from being litigated more than once. Res judicata is grounded in two principles of public policy. First, the state has an interest in upholding finality in litigation; second, that an individual is not punished more than once for the same offence.
    CanadaLitigation, Mediation & Arbitration
    CP LLP
    CP LLP
  • Article

    Backlogs In Canada's Civil Legal System Create Challenges For Businesses

    Across the country courtrooms are facing significant delays and backlogs, which is beginning to have severe impacts on Canadian business relying on the court system for dispute resolution.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Brown v. Lloyd’s Of London Insurance Market: Appeal Dismissed Summarily For Being Frivolous, Vexatious And Abusive

    Under Rule 2.1, this court may stay or dismiss a proceeding that appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Case Comment On Gault Estate vs Gault Estate, 2016 ABCA 208

    While the appeals arose from distinct interlocutory issues, they were heard together for reasons of efficiency.
    CanadaLitigation, Mediation & Arbitration
    Burnet, Duckworth & Palmer LLP
    Burnet, Duckworth & Palmer LLP
  • Showing 461–480 of 2040 results

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