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  • Article

    Fanshawe College v AU Optronics: Whether An Order Dismissing A Motion For Summary Judgement Is A Final Or Interlocutory Order

    The recent decision of the Ontario Court of Appeal in Fanshawe College of Applied Arts and Technology v AU Optronics Corporation, 2015 ONCA 808, dealt with a motion to quash an appeal.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Innovation In Limbo: A Disappointing Turn In The Benjamin Moore Saga

    In our last comment on non-patentable subject matter, we provided our thoughts on the Federal Court of Appeal's decision in Canada (Attorney General) v Benjamin Moore & Co (the "Benjamin Moore Appeal").
    CanadaLitigation, Mediation & Arbitration
Lenczner Slaght
Lenczner Slaght
  • Article

    It Has A Name! New Self-Regulatory Organization (Finally) Announces Its New Name

    On January 1st of this year, the amalgamation of investment industry self-regulatory organizations, the Investment Industry Regulatory Organization of Canada ("IIROC")...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Maximum Claim In Small Claims Court To Increase To $35,000

    The government of Ontario recently announced that, as of January 1, 2020, the maximum amount a plaintiff can seek in the Ontario Small Claims ...
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson
  • Article

    New Brunswick – Proposed Changes To Advance Payments Of Damages

    The Law Reform Branch of New Brunswick is proposing extending the current procedures permitting advance payments of special damages in automobile cases to non-automobile type claims.
    CanadaLitigation, Mediation & Arbitration
    Cox & Palmer
    Cox & Palmer
  • Article

    Quebec Engineering Firm Ordered To Pay $4 Million For Bid-Rigging

    The Quebec Superior Court has ordered engineering firm Genivar (now WSP Canada) to pay a $4 million fine for its involvement between 2002 and 2011 in a bid-rigging scheme that targeted infrastructure
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Service Of Alberta Process Outside Of Canada Now More Complicated

    The Ontario Court of Appeal has confirmed the proper reading of the latest Alberta Court of Appeal decision on service ex juris under Alberta law, which greatly complicates serving legal documents outside of Canada.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Supreme Court Of Canada Clarifies Courts Have An Obligation To Follow Decisions Of Courts At The Same Level In Most Cases

    The Supreme Court of Canada released a decision today (R. v. Sullivan 2022 SCC 19) dealing with an important issue relating to the constitutionality of a provision of the Criminal Code...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    WeirFoulds Partners Reinstate Character Assessment Decision On Judicial Review

    In a decision addressing the application of the standard of review on internal administrative appeals, WeirFoulds Partners Ben Kates and Amy Block secured a favourable result for the Law...
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Canadian Court Issues First Site Blocking Order Against Piracy Site

    The Federal Court of Canada recently issued Canada's first ever site blocking order in Bell Media Inc v GoldTV Services, 2019 FC 1432.
    CanadaMedia, Telecoms, IT, Entertainment
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Proposed Class Action Misses Its "Target" In Québec

    On March 23, 2015, the Superior Court of Québec (per Justice Pinsonnault) granted a motion by Defendant Target Corp. to dismiss a proposed class action related to the 2013 data breach ...
    CanadaPrivacy
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    It's Over, But I Still Want The Rent: A Commercial Lease Breakup Story

    The Ontario Court of Appeal's decision in Highbury Narrows Ltd. v. LAF Canada Company clarifies that commercial landlords' remedies after tenant default are governed strictly by lease terms, not general legal principles. The ruling emphasizes that remedy election is binding and demonstrates how lease structure determines whether landlords can recover future rent after termination, with implications for lease drafting as the Supreme Court considers related issues.
    CanadaReal Estate and Construction
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Legal Representation For Construction Law Disputes In Calgary

    If you are involved in Calgary's construction industry, you know the financial risks many contractors must face.
    CanadaReal Estate and Construction
    Ridout Barron
    Ridout Barron
  • Article

    Operation Of Landfills On Reserve Lands: Evolving Area Of The Law

    The underlying action concerns the operation of a landfill on reserve lands. Atlantic Waste Systems Ltd. operated a landfill on reserve lands pursuant to a lease from the federal government.
    CanadaReal Estate and Construction
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Owner Of Construction Company Personally Liable For Deceit By An Estimator

    In many situations, operating your business through a corporation will protect the individual(s) from personal liability and using an independent contractor rather than an employee may limit the liability of the company for the actions of the independent contractor.
    CanadaReal Estate and Construction
    Lerners LLP
    Lerners LLP
  • Article

    Sociedad Concesionaria Metropolitana De Salud S.A v. Webuild S.P.A. (2024 ONSC 4491)

    Typically, recognition and enforcement of a foreign Arbitral Award is sought against the judgment debtor. In this instance, a Chilean company (the Applicant) sought to enforce a Chilean Arbitral Award in Ontario against an Italian company (the Respondent) that was not party to the arbitration.
    GlobalLitigation, Mediation & Arbitration
    Cambridge LLP
    Cambridge LLP
  • Article

    Bell to Reimburse Wireless Customers $11.82m

    Bell has agreed to reimburse its customers who paid for "premium text messaging" up to $11.82 million. This is the latest and largest settlement reached by the Competition Bureau in its investigation into third party charges for premium text messaging that were passed on to consumers by Canadian mobile telephone companies.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Competition Tribunal Finds Toronto Real Estate Board Engaged In Abuse Of Dominance

    Last week, the Competition Tribunal (Tribunal) issued a summary of its decision in the Commissioner of Competition's (Commissioner) long-running abuse of dominance case against the Toronto Real Estate Board.
    CanadaAntitrust/Competition Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Marketing And E-Commerce To Drive Competition Litigation Risk In 2024

    The main risks for businesses from both Competition Bureau enforcement and class actions in 2024 arise in the context of marketing and e-commerce...
    CanadaAntitrust/Competition Law
    Torys
    Torys
  • Article

    COVID-19 Class Actions Weekly Round-Up - For The Week Of May 11, 2020

    The wave of COVID-related claims against long-term care facilities and insurers shows no signs of breaking anytime soon. The past week has also seen several novel claims launched against test manufacturers and governments.
    CanadaCoronavirus (COVID-19)
    Bennett Jones LLP
    Bennett Jones LLP
  • Showing 501–520 of 14422 results

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