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  • Article

    Even Brief Discharges Must Be Reported

    Metcan Industries, which manufactures synthetic slag products, was convicted of failing to report a discharge of particulate that lasted "a couple of minutes".
    CanadaEnvironment
    Siskinds LLP
    Siskinds LLP
  • Article

    Northwest Territories Supreme Court Grants Tłįchǫ Government Injunction To Delay Elimination Of Wek'èezhìi Land And Water Board

    On February 27, 2015, the Supreme Court of the Northwest Territories (NWTSC) released its interlocutory decision in Tłįchǫ Government v Canada (Attorney General).
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
Article

Ontario Court Of Appeal Denies Leave To Appeal: Environmental No-Fault Order Compelling Off-Site Investigation Stands

Last week, the Ontario Court of Appeal denied leave to appeal from the Divisional Court's decision in Hamilton Beach Brands Canada, Inc. v Ministry of the Environment.
CanadaEnvironment
Willms & Shier Environmental Lawyers LLP
Willms & Shier Environmental Lawyers LLP
  • Article

    Simply The Pest Management Regulatory Agency… And Its Duty To Initiate Special Reviews

    On May 17, 2016, the Federal Court released its decision in another judicial review brought by the David Suzuki Foundation, among others, in Équiterre and David Suzuki Foundation v Minister of Health (Canada).
    CanadaEnvironment
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Estates Litigation Update: The Superior Court Has Broad Jurisdiction And Inherent Jurisdiction To Appoint An Estate Trustee During Litigation Even Where There Is No Will Challenge

    Instead, Justice Meyers held that the court has broad and inherent powers to supervise the management of estates and to control its own processes.
    CanadaFamily and Matrimonial
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Family Law Appeals: Unique Considerations And Recent Guidance From The Court Of Appeal

    When considering a family law appeal, the function of the appellate Court and the level of respect given to the initial decision, also known as the standard of review, are important.
    CanadaFamily and Matrimonial
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Mother Awarded Costs After Father Tries (And Fails) To Play Hardball

    Mackie v. Crowther 2019 ONSC 6431, a well-reasoned recent decision of Justice Alex Pazaratz, is the most recent of a long line of family court decisions that enforce the idea that court orders are...
    CanadaFamily and Matrimonial
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Court of Appeal Stays Judgment in Livent, Pending Application for Leave to Appeal to SCC

    On May 24, 2016, the Ontario Court of Appeal issued the latest decision in the ongoing Livent legal saga. Some two years previously, Gans J. of the Superior Court of Justice awarded judgment in favour of Livent's Special Receiver against the company's former auditors.
    CanadaFinance and Banking
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Court Of Appeal Upholds Power Of Sale Safe Harbour Protection

    The Court of Appeal for Ontario has overturned a decision that we wrote about in May 2021: Court Sets Aside Power of Sale Transfer to Good Faith Buyer.
    CanadaFinance and Banking
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    CSA's Review Of Chargebacks Soon To Take Off

    Chargebacks are a form of compensation structure whereby a dealing representative is paid upfront commissions and/or fees when their client purchases securities.
    CanadaFinance and Banking
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Even Under A Contractual Right To Indemnification, Fees Must Be Reasonable

    On June 6, 2014, Justice Brown of the Ontario Superior Court of Justice (Commercial List) released additional reasons to his decision in Romspen Investment Corp. v. 6711162 Canada Inc.
    CanadaFinance and Banking
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Investor Held Contributory Negligent On Appeal

    The appellant invested in a high risk options trading program, which was initially profitable.
    CanadaFinance and Banking
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The Quebec Court Of Appeal Rules That Information Exchanged Between Financial Institutions And The OSFI May Be Disclosed To A Plaintiff In A Litigious Context

    The Quebec Court of Appeal, in a recent 2-to-1 decision, has upheld a judgment from the Superior Court forcing Manulife Financial to disclose a number of confidential documents exchanged between the insurance company and the Office of the Superintendent of Financial Institutions.
    CanadaFinance and Banking
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Case Summary: Written Reasons In Administrative Decisions

    Fashoranti v. College of Physicians and Surgeons of Nova Scotia, 2015 NSCA 25, dismissing an appeal from the disciplinary committee's finding that a physician committed unprofessional conduct.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Field Law
    Field Law
  • Article

    Federal Court Of Appeal Confirms Obviousness Finding In Section 8 Bortezomib Action Against Teva

    As previously reported, the Federal Court granted Teva's claim for compensation under section 8 of the Patented Medicines (Notice of Compliance) Regulations relating to Teva's bortezomib product...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    Federal Court Of Appeal Dismisses Pfizer's Appeal Of Interlocutory Decision In Pregabalin Section 8 Case: Infringement Not A Viable Defence Where Patentee Did Not Sue In Real World

    As previously reported, Justice O'Reilly of the Federal Court granted Pharmascience's motion for a summary trial on Pfizer's defence of ex turpi causa in an action for section 8 damages related to...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    New Court Proceedings - November 2018

    For complete details about these proceedings, click here.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    No Loyalty Program For Drugs: Court Confirms Prohibition On Pharmacy Inducements

    1.The College of Pharmacists had jurisdiction to pass the policy.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Field Law
    Field Law
  • Article

    Supreme Court Of Canada Dismisses Apotex And Pharmascience's Applications For Leave To Appeal Paliperidone Inducing Infringement Decisions

    As previously reported, the Federal Court of Appeal dismissed two decisions relating to paliperidone palmitate (Janssen's INVEGA SUSTENNA)...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    Alberta Court Of Appeal Confirms That Systemic Challenge To Provincial Consultation Regime May Proceed To Trial

    In 2020, Mikisew Cree First Nation and Athabasca Chipewyan First Nation – two Treaty 8 First Nations with territory in the Athabasca oil sands region...
    CanadaGovernment, Public Sector
    JFK Law LLP
    JFK Law LLP
  • Showing 581–600 of 14422 results

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