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  • Article

    Jurisdiction Of Canadian Courts Over Foreign Entities And Transactions: Guidance From The Ontario Divisional Court

    When can a Canadian court take jurisdiction over an action to set aside a foreign asset purchase transaction?
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Jury Striking Series: Evans V. Chiarello, 2021 ONSC 2677

    The defendants' jury notice was struck in the recent Sault Ste. Marie decision in Evans v. Chiarello, 2021 ONSC 2677.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
Article

Law Commission Of Ontario Issues Recommendations For Class Action Reform In Ontario

On July 17, 2019, the Law Commission of Ontario ("LCO") published its Final Report on Class Action reform, Class Actions: Objectives, Experiences and Reforms (the "Report").
CanadaLitigation, Mediation & Arbitration
McCarthy Tétrault
McCarthy Tétrault
  • Article

    Leaving The Court In Peace: The Alberta Court Of Appeal Applies Narrow Limitations Exception For Declaratory Relief

    The Alberta Limitations Act does not apply to requests for "a declaration of rights and duties, legal relations or personal status".
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Limitation Periods: Have You Waited Too Long?

    Those unfamiliar with civil litigation may not be aware of the requirement to commence litigation within two years of discovering a claim.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Look Who's Talking: Collaboration In The Authorship Of Expert Reports

    The Ontario Court of Appeal has reaffirmed the propriety of effective consultation between counsel and expert witnesses.
    CanadaLitigation, Mediation & Arbitration
    Code Hunter Wittmann
    Code Hunter Wittmann
  • Article

    Much Ado About Not Much: The Ontario Court Of Appeal Sets The Record Straight On Expert Evidence In Ontario

    Last spring we published an article on the impact of a decision of Justice Janet N. Wilson in Moore v. Getahun ("Moore"), which appeared to drastically change the law on expert evidence in Ontario.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Myth Of Trial No Longer Governs: Alberta Embraces New Summary Judgment Test

    Effecting a cultural shift, a new summary judgment test has been embraced by the Alberta Court of Appeal in "Windsor v Canadian Pacific Railway Ltd", 2014 ABCA 108.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    New Summary Judgment Motion Rule Introduced In New Brunswick: More Than Just A Tool To Dismiss Meritless Claims

    As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment' was repealed and replaced.
    CanadaLitigation, Mediation & Arbitration
    Cox & Palmer
    Cox & Palmer
  • Article

    No Loss, No Foul: Ontario Court Of Appeal Clarifies That Loss Will Not Be Presumed From A Breach Of The Duty Of Honest Contractual Performance

    In Bhatnagar v. Cresco Labs Inc. (Bhatnagar), the Court of Appeal for Ontario (Court) held that damages are not presumed where a defendant breaches the duty of honest contractual performance.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Not All Experts Are Treated Like Experts: The Court Of Appeal Provides Much Needed Clarity On The Requirements Of Calling Expert Evidence

    When can a witness who has not been retained by a party to the litigation give opinion testimony at trial?
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    On The Road: SCC Allows Class Action Judges To Hold Extraprovincial Hearings In Certain Circumstances

    The SCC ruled that a provincial superior court judge may sit outside his or her home province to hear motions without live evidence in national class actions proceedings in certain circumstances.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Ontario's Revamped Class Proceedings Landscape To Begin Taking Shape

    For the first time in 25 years, substantive amendments have been made to Ontario's Class Proceedings Act, 1992 (CPA). These changes apply to any class action started on or after October 1, 2020.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Ontario Court Of Appeal Holds That Limitation Periods For Contribution And Indemnity Claims Are Subject To Discoverability

    In a decision released May 7, 2018, the Court of Appeal settled the conflicting body of case law as to whether section 18 of the Limitations Act, 2002, SO 2002, c 24 (the "Act") sets out an absolute...
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Ontario’s Proposed Anti-SLAPP Legislation Moves Forward (Again)

    Bill 52, the Protection of Public Participation Act, 2014 (the Bill), was re-introduced by Attorney General of Ontario Madeleine Meilleur on December 1, 2014.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Our Next Supreme Court Of Canada Judge

    The door is open if you are from west of Ontario or from the three territories, with the custom of regional representation firmly entrenched after some uncertainty before Justice Rowe's appointment in 2016.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Participant Expert Witnesses: What Happens When Litigants Are Also Experts

    A participant expert witness has relevant expertise and was involved in the events that underlie the litigation. Participant experts are generally permitted to provide both fact and limited opinion
    CanadaLitigation, Mediation & Arbitration
    McKercher LLP
    McKercher LLP
  • Article

    Paying Isn’t Optional: Case Comment On The Bank Of Nova Scotia V Olyniuk, 2026 SKKB 180 And Marynick v Fairstone Financial Inc., 2026 SKKB 185

    Self-represented litigants are increasingly common in disputes with banks, as are organized pseudolegal commercial argument (“OPCA”) debt-elimination defence strategies. Saskatchewan’s Court of King’s Bench released two OPCA decisions within a week of each other in October 2026. Together, the decisions show that Saskatchewan courts treat OPCA tactics firmly, whether used as a shield or a sword.
    CanadaLitigation, Mediation & Arbitration
    McKercher LLP
    McKercher LLP
  • Article

    Québec's New Code Of Civil Procedure – An Obstacle To National Class Actions?

    The new provision, article 577 of the NCCP, will require Québec courts to protect the rights and interests of Québec residents in multi-jurisdictional class actions when stays of proceedings are requested.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    R. v. Pryde: Quebec Judge Declares New Provision Of French Language Charter Inoperable

    On May 17, 2024, the Honourable Dennis Galiatsatos, a judge of the Court of Quebec (provincial court), issued a decision on the constitutional applicability and validity, in criminal matters...
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Showing 641–660 of 2040 results

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