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  • Article

    Court of Appeal Reduces Landmark Punitive Damages Award Against Employer

    On September 29, 2006, the Ontario Court of Appeal released its much-anticipated decision in Keays v. Honda Canada Inc. In a 2-1 decision, the Court of Appeal upheld the trial judge’s award of 24 months’ pay in lieu of notice, but significantly reduced the punitive damages award from CAD 500,000 to CAD 100,000.
    CanadaEmployment and HR
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    You’re Talking About Me, Right? When Employees Oppose Their Union

    Third parties almost never get a seat at the arbitration table, but every so often an employee insists on weighing in against their own union – and is sometimes granted standing to speak or be represented...
    CanadaEmployment and HR
    Aird & Berlis LLP
Aird & Berlis LLP
  • Article

    Environmental Claims Fail Despite Expert Evidence

    McLennan Ross successfully represented Shell Canada Limited in a summary dismissal application seeking to have a number of related lawsuits against Shell dismissed.
    CanadaEnvironment
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    When Can The Court “fix” A Will?

    When a testator's will contains errors that don't reflect their true intentions, Ontario courts can apply the legal doctrine of rectification to correct these mistakes. This remedy is available only in limited circumstances: clerical errors, misunderstood instructions, or failure to carry out the testator's directions, requiring strong extrinsic evidence to demonstrate what the deceased actually intended.
    CanadaFamily and Matrimonial
    Miller Thomson
    Miller Thomson
  • Article

    Insurers Beware: Costs Awards Need NOT Be Proportional To Damage Awards

    The Ontario Superior Court of Justice has provided us with two reminders this May that costs awards need not be proportional to damage awards, as exemplified by the cases below.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    Small v Northbridge General Insurance Company 2026 ON LAT

    In Small v Northbridge General Insurance Company, 2026 ON LAT 21072, the Ontario Licence Appeal Tribunal (“LAT”) held that an insurer cannot justify an additional in-person independent examination (“IE”) simply...
    CanadaInsurance
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Federal Court Publishes Updated Guidance On Complex Proceedings And PM(NOC) Proceedings

    On November 28, 2024, the Federal Court published the following practice directions: an updated Case and Trial Management Guidelines for Complex Proceedings and Proceedings...
    CanadaIntellectual Property
    Cassels
    Cassels
  • Article

    Second Circuit Hears YouTube DMCA Cases

    In mid-October, the influential United States Court of Appeals for the Second Circuit heard oral arguments in a $1-billion battle over the responsibility of Internet intermediaries for infringing content posted by third parties on their systems.
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    USPTO Clarifies Criteria for Patentable Subject Matter

    Two developments in the United States may mean that it will be easier to patent business methods, software and similar types of inventions.
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    What Canadian Businesses Need To Know About The U.S. Tariff Refund Appeal

    The U.S. tariff refund process faces a critical legal challenge as the Trump Administration appeals a court order requiring refunds of approximately US$166 billion in duties collected under now-invalidated emergency tariffs.
    CanadaInternational Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Adverse Costs In Pro Bono Litigation: The SCC Weighs In

    Réjean Hinse was wrongfully imprisoned for 15 years for a crime he didn't commit.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Podcast

    Ahluwalia And The New Tort Of Intimate Partner Violence (Podcast)

    Two experienced Canadian lawyers examine contentious legal cases and explore the intersection between law and politics, analyzing how courtrooms become political arenas. Each episode provides insight into current legal battles and their broader implications for society, revealing the fundamental framework that underpins democratic institutions.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Alberta Court Grants Mareva Injunction & Receivership Order To Protect Tallcree First Nation Trust Beneficiaries

    Lenczner Slaght, Canada's leading litigation firm, demonstrates its expertise across insolvency and restructuring law, commercial litigation, and dispute resolution.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Alberta Court Settles Standard Of Review For Appeals Of Masters’ Decisions

    The Alberta Court of Appeal (the Court) recently released its decision in Bahcheli v. Yorkton Securities Inc.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Alberta Pilot Project Aims To Set Trial Dates Earlier In The Litigation Process Insight

    Friday May 31, 2024 was the first opportunity for parties to obtain trial dates under a new pilot project at the Alberta Court of King's Bench. The pilot project, announced on April 23, 2024...
    CanadaLitigation, Mediation & Arbitration
    Burnet, Duckworth & Palmer LLP
    Burnet, Duckworth & Palmer LLP
  • Article

    B.C. Court Of Appeal Clarifies The Law On Internet Defamation

    The B.C. Court of Appeal's recent decision in Pineau v. KMI Publishing and Events Ltd. clarifies that although sharing a hyperlink to a defamatory article published by a third party does...
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Broker’s Report (Securities Litigation)

    In November 2005 the Ontario Court of Appeal dismissed an appeal brought by Conrad Black ("Black") and other senior officers and directors of Hollinger Inc. requesting that the Court find the Order compelling them to submit to questioning by the Inspector (appointed under s. 229 of the Canadian Business Corporations Act was premature, or to set aside or dismiss the order.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Case Comment - Available Remedies For Breach Of Fiduciary Duties And Breach Of Confidence

    In Genesis Fertility Centre Inc. v. Yuzpe, 2019 BCSC 233, the Supreme Court of British Columbia reviewed the law on fiduciary duties and the appropriate remedies when such claims are made out.
    CanadaLitigation, Mediation & Arbitration
    Lindsay Kenney LLP
    Lindsay Kenney LLP
  • Article

    Chew V Munoz: Failure To Follow Rule 53.03 Timelines Prevented Defence IME

    A recent decision, Chew v Munoz et al, 2016 ONSC 1511, highlights the importance of requiring defendants to schedule independent medical examinations (IME) so that the reports...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Court Of Appeal Affirms Security For Judgment Alive And Well

    Security for judgment is an exceptional remedy only granted in exceptional circumstances. The court prefers to leave debt collection under the auspices of the Civil Enforcement Act.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Showing 541–560 of 2040 results

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