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  • Article

    Causation: How To Ask The Right Questions

    In every tort action, the trier of fact must decide whether the act or omission of one or more defendants can be linked to the harm suffered by the plaintiff. This is factual causation.
    CanadaLitigation, Mediation & Arbitration
    Gluckstein Lawyers
    Gluckstein Lawyers
  • Article

    Cold Shoulder: BC Court Denies Certification Finding No "Identifiable Class"

    A recent decision by the British Columbia Supreme Court denying class certification illustrates the Court's continued insistence on the rigorous application of the statutory certification criteria...
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
Article

Court of Appeal Says Private School's Decision to Expel Pot Smoking Student Not Subject to Judicial Review

The Court of Appeal has unanimously ruled that a private school's decision to expel a student is not subject to judicial review.
CanadaLitigation, Mediation & Arbitration
Minden Gross LLP
Minden Gross LLP
  • Article

    Court Reiterates Threshold For Settlement Approval: Class Counsel Must Lead Substantive Evidence On The Reasonableness Of The Settlement

    A class plaintiff must seek judicial approval for any settlement under the Class Proceedings Act, and the Court must be satisfied that the settlement is fair and reasonable and in the best interests of the class.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Disclosure Of Wiretap Communications In A Civil Proceeding

    The Supreme Court of Canada has held that a party in a civil proceeding can request disclosure of wiretap communications intercepted by the state during a criminal investigation.
    CanadaLitigation, Mediation & Arbitration
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    FCA Cautions Parties On Adjournment Requests

    The Tax Court of Canada has strictly applied the requirements for adjournments and timetable amendments as described in the Court’s Practice Note No. 14.
    CanadaLitigation, Mediation & Arbitration
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Have Judicial Robes, Can Travel: Judges Can Sit In Other Provinces

    Judges of the Superior Court of Ontario may sit and make decisions in courtrooms in other provinces when the Ontario court has jurisdiction over the parties and issues in the proceeding, the Ontario Superior Court held recently: Parsons v. The Canadian Red Cross Society, 2013 ONSC 3053.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Podcast

    He Shoots, He's Charged? How Far Is Too Far In Contact Sports (Podcast)

    Gavin Tighe and Stephen Thiele unpack the legal chaos surrounding violence in hockey, sparked...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Hoang v Mann Engineering Ltd.: Court Of Appeal Invokes Rule 2.1 To Dismiss Frivolous Motion

    The Ontario Court of Appeal in Hoang v Mann Engineering Ltd., 2015 ONCA 838 used Rule 2.1 to dismiss the appellant's frivolous motion.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    How To Proceed When Facing Demands For Legal Documents

    Family law litigation involving the one or both spouses' family members is becoming more common.
    CanadaLitigation, Mediation & Arbitration
    Lindsay Kenney LLP
    Lindsay Kenney LLP
  • Article

    Irvin Schein blogged, "Dismissal For Delay: How Long Is Too Long?"

    The recent decision of the Ontario Court of Appeal in Khan v. Metroland Printing, Publishing and & Distributing Ltd. et al is a useful reminder that even though the wheels of justice may feel like they turn slowly, there is a limit to everything.
    CanadaLitigation, Mediation & Arbitration
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Is Solicitor-Client Privilege Absolute? Case: One York St. Inc. v. 2360083 Ont. Ltd.

    Parties to litigation can expect that particulars of the advice they have received from counsel will remain privileged in most instances. However, there are times when a party, through its actions or its pleadings...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Judge, Jury + Mediator: The One-Stop Shop Of Binding JDR

    In the landscape of legal dispute resolution, binding judicial dispute resolution (binding JDR) presents a compelling alternative to traditional litigation, merging judicial authority...
    CanadaLitigation, Mediation & Arbitration
    Field Law
    Field Law
  • Podcast

    Justice Served: The Widow Who Defeated The Bank (Podcast)

    In this episode, Stephen and Gavin dive into the gripping legal battle between a powerful Canadian bank and an elderly widow over a disputed $50,000 credit card debt.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Katsoulakos v Association Of Professional Engineers Of Ontario

    The Divisional Court's recent decision raises two important issues for professional self-regulatory bodies in respect of the degree to which procedural fairness applies.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Lincoln Caylor: Ontario Court Refuses To Approve New Litigation Funding Model For Class Actions

    The Ontario Superior Court of Justice has added to its growing collection of cases that increase court scrutiny over litigation funding and contingency fee arrangements.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Mining Company Barred from Staking Its Claim in an Ontario Court

    Where Litigants Look for Justice will Depend on What Sort of Justice they Seek In a recent ruling, the Ontario Court of Appeal upheld the decision of a motion’s judge to stay an action commenced in Ontario on the basis that there was no real and substantial connection between the relief claimed by the plaintiffs and the jurisdiction of the Ontario Court.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    New Chambers Application Framework In British Columbia: The Shift To A “Serve First” Model

    Effective October 1, 2026, the Supreme Court of British Columbia will implement a fundamental procedural change requiring parties to exchange application materials before filing with the court or setting hearing dates. This reversal of the traditional "file and serve" sequence shifts much of the procedural activity to the pre-filing stage, fundamentally altering how chambers applications are initiated and managed.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Nice Try But No Dice: Academic Misconduct Hearing Proceeds Despite Delay

    An academic misconduct hearing at the University of Saskatchewan was delayed by several months largely due to the Covid-19 pandemic.
    CanadaLitigation, Mediation & Arbitration
    Harper Grey LLP
    Harper Grey LLP
  • Article

    Out Of Time – Investment Dealer’s Claim For Indemnity Against Investment Advisor Barred By Statute Of Limitations

    The Court of Appeal has recently held that the limitation period to bring an action enforcing a contractual right to indemnity starts to run on the date that a party has been served with a Statement of Claim in the underlying lawsuit that triggers the right to be indemnified.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Showing 481–500 of 2040 results

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