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Under what circumstances can a witness be compelled to attend cross-examination outside of the jurisdiction in which he/she lives versus, say, by video conferencing?

In 2015, the families of the two victims of the 2012 Eaton Centre shooting received some semblance of closure, when Christopher Husbands, the shooter...

The decision narrows the scope and application of the rules on experts who are engaged by a party to provide evidence including the requirement to file an expert report.

In Mendes v Blaisdale Montessori School, the defendant, represented by Martin Smith, the managing partner of McCague Borlack's Ottawa office

On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or person to stop doing something pending a trial)...

Until recently, there was some uncertainty as to whether, in some circumstances, the decisions of private organizations might be subject to judicial review.

When it was adopted in 1978, article 999 of the CCP provided that only natural persons could be members of a group. Legal persons were deemed to be better equipped to face lawsuits alone.

Slip and fall accidents in Alberta stores can result in serious injuries and significant financial impact. Understanding your legal rights under the Occupiers' Liability Act, knowing what evidence to gather at the scene, and acting within strict limitation periods are critical to pursuing compensation for negligence-related injuries sustained while shopping.

As a result of the pandemic, the Courts placed in abeyance the administrative dismissal of claims not set down for trial within 5 years of the issuance of the statement of claim.

In Barbiero v Pollack, the Ontario Court of Appeal has departed from Langenecker v Sauve and changed the law of dismissal for delay under Rule 24.01.

From the outset of a law suit, a key advisory role we fulfill as litigation counsel requires us to equip our clients with the analytical tools necessary to evaluate their decision to commence...

Recently we took on two Small Claims Court actions for good clients. In both cases we acted for the plaintiff.

A recent British Columbia decision, Tommy v. 7-Eleven Canada, Inc., 2024 BCSC 1558, offers a useful reminder for Alberta property owners and businesses. A customer tripped on an unrepaired pothole in a 7-Eleven parking lot, and the court held the company responsible.

In Jensen v. Samsung Electronics Co., the Federal Court of Appeal unanimously confirmed that plaintiffs seeking certification of a proposed class action in Federal Court...

Significant changes may soon be coming to Ontario's Rules of Civil Procedure. The Civil Rules Review Working Group's Phase Two Consultation Paper proposes...

The Court of Appeal for Ontario’s January 29, 2015 decision in Moore v. Getahun has confirmed that there is nothing improper in counsel reviewing a draft report with an expert witness.

On March 2, 2023, the Court of Appeal for Ontario released its decision in Sinclair v Amex Canada Inc., 2023 ONCA 142, grappling with the application of the test for determining whether

A defendant in a prospective class action may save considerable time and money if their motion for summary judgment is determined prior to a plaintiff's application for certification.