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Also known as "adverse cost insurance", after the event insurance ("ATE") policies can be purchased by a plaintiff to cover, among other things, the prospect that the plaintiff is unsuccessful...

The Ontario Court of Appeal's decision in Boliden Mineral AB v FQM Kevitsa Sweden Holdings AB, 2023 ONCA 105 interprets the representation and indemnity provisions in a share purchase...

The Court of Appeal remitted a case to the Court, requiring the Court to redetermine whether Corlac had infringed a method claim by inducement.

The Federal Court in Kobold Corporation v NCS Multistage Inc. addressed whether a defendant could amend its pleadings to strengthen a prior use defence after losing a summary judgment motion on that same defence. The decision clarifies the scope of the 'best foot forward' principle and distinguishes between summary judgment motions and summary trials in patent litigation.

Managing the risk and cost of litigation is a challenge for many businesses. They may forgo meritorious and potentially profitable litigation due to budgetary pressures

The Supreme Court of Canada's landmark decision in Ahluwalia v. Ahluwalia establishes a new tort of intimate partner violence, fundamentally reshaping how Canadian law addresses coercive control in relationships. This ruling moves beyond traditional incident-based torts to recognize the cumulative harm caused by patterns of abuse that erode autonomy and dignity.

On June 16, 2016, revisions were made to Rule 4.33 of the Alberta Rules of Court, commonly known as the "Drop Dead Rule".

What happens when time-zone differences, travel restrictions and trial scheduling collide? On March 25, 2021, the British Columbia Supreme Court rendered an important decision relating to the...

On May 11, 2023, the British Columbia Supreme Court released its decision in The Nuchatlaht v. British Columbia, 2023 BCSC 804. The decision, which stated the Nuchatlaht did not prove it

A U.S. appeals court has unanimously overturned certification of a securities class action against Boeing, establishing that plaintiffs must demonstrate a workable, class-wide damages methodology at the certification stage. This decision reinforces heightened standards for class certification that parallel evolving requirements in Canadian securities litigation, where courts increasingly demand concrete evidence and specific liability theories before approving class actions.

Earlier this Fall, the British Columbia Court of Appeal confirmed two important legal principles in Hartslief v Terra Nova Royalty.

Effective June 16, 2025, significant changes are coming to Ontario's Rules of Civil Procedure regarding the disclosure of partial settlement agreements, as set out in O. Reg. 50/25.

The recent decision of the Alberta Court of Appeal in ConocoPhillips Canada Resources Corp v Shell Canada Limited, 2024 ABCA 307...

Class action proceedings are routinely characterized as "procedural" in nature. However, that framing obscures the fact that class actions—and interim proceedings within class actions...

Pursuant to the Rules of Civil Procedure, each party in an action brought under the Simplified Procedure is permitted a maximum of three hours for examination for discovery (Rule 76.04(2)).

A "very active crack cocaine trafficker" is acquitted of a crime because the wiretap evidence against him is excluded in his criminal trial. What happens when he brings a civil action

In the context of a lawsuit by the Agence du revenu du Québec (ARQ) for failure to report and remit various tax amounts, the defendants sought to exclude the evidence seized by the ARQ under a...

British Columbia businesses holding money judgments face practical challenges in enforcement while awaiting the new Money Judgment Enforcement Act. Understanding the current tools available—from garnishment and asset seizure to property liens and debtor examinations—can mean the difference between successful recovery and uncollectible debt.