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  • Article

    Sale Of Litigious Rights:Beware Of The Redemption Right

    A recent decision of the Superior Court reminds us that one must be prudent when the rules applicable to litigious rights may apply.
    CanadaLitigation, Mediation & Arbitration
    Lavery
    Lavery
  • Article

    Summary Judgment Motion In Actions For Wrongful Dismissal Started Under The Simplified Procedure Rule: A New Way Forward

    Following a long line of cases, it has become standard practice in wrongful dismissal actions, even where the potential damages may exceed the prescribed monetary limit...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
Article

Supreme Court Of Canada Allows Suits Against Police For Negligent Investigations

On October 4, 2007, the Supreme Court of Canada handed down its decision in "Hill v. Hamilton Wentworth Regional Police Services Board" (No. 31227) ("Hill").
CanadaLitigation, Mediation & Arbitration
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
  • Article

    Supreme Court Of Canada Confirms Psychiatric Diagnosis Not Required For Recovery Of Mental Injuries

    The plaintiff was involved in a car accident and brought an action in the Supreme Court of British Columbia against the driver of the car that hit him.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Supreme Court Of Canada Rejects Charter Challenge To Mandatory World Religions Course

    In a decision released on February 17, 2012, the Supreme Court of Canada has once again dipped its oar into the controversial waters that surround the role of religion in public schools.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Take Two: Aggregate Damages Award Upheld At Ontario Court Of Appeal

    In our previous blog post in 2014, we had reported the Ontario Superior Court in Ramdath v George Brown College had granted the first award of aggregate damages following a common issues trial in 2014.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    The Availability Of Punitive Damages Arising From The Breach Of Human Rights Legislation

    It has become common for wrongful dismissal litigation to include a tort claim such as intentional infliction of mental suffering, defamation or inducing a breach of contract.
    CanadaLitigation, Mediation & Arbitration
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    The Court Applies More Muscle To Its Role As Gatekeeper In Certification Of Class Proceedings

    In its recent decision denying certification under the Alberta Class Proceedings Act ("CPA"), the Alberta Court of Queen's Bench (the "Court") reinvigorated its role as a gatekeeper providing more...
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    The Full Appreciation Test Unveiled: Summary Judgment Motions Expanded In Ontario

    As I stated in my previous article regarding summary judgment motions in Ontario, Clients often lament that the wheels of justice grind too slowly and they ask what, if anything, can be done to have their dispute resolved more expeditiously.
    CanadaLitigation, Mediation & Arbitration
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    The SCC Leave Project: Predictions For April 25, 2024

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on April 25, 2024.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For November 14, 2024

    Each week, we'll be providing a short blog post that summarizes some of the upcoming cases and gives a prediction of the probability that leave will be granted. These predictions will be based on our proprietary.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For October 24, 2024

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on October 24, 2024.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For September 12, 2024

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on September 12, 2024.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For September 5, 2024

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on September 5, 2024.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The Treatment Of Limitation Defence On Joinder Applications

    British Columbia's limitation period rules create unique exposure for corporate defendants through joinder applications. Even after the two-year limitation period expires, courts may still add new parties to existing lawsuits...
    CanadaLitigation, Mediation & Arbitration
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Two Recent Decisions Affirm International Arbitration Clauses Will Be Enforced

    Two recent decisions reinforce the willingness of Ontario courts to enforce arbitration clauses, apply the competence-competence doctrine and refer any disputes regarding an arbitrator's jurisdiction to the arbitrator for resolution.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    When Can A Member Sue A Church, Club, Or Other Voluntary Association For Treating Them Unfairly?

    In Aga v. Ethiopian Orthodox Tewahedo Church of Canada, 2020 ONCA 10, the Ontario Court of Appeal affirmed when a voluntary association can be sued for failing to follow their own internal
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Who Is An Expert For The Purposes Of Rule 53.03: The Court Of Appeal’s Decision In Westerhof v Gee Estate

    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
  • Video

    Who Really Decides An Election When One Ballot Goes Missing? (Podcast)

    What happens when one vote decides an election and that vote never makes it to the ballot box?
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Third Party Notices Must Be Filed Fast: BC Court Pronounces That Expediency Does Not Trump Notices

    Claims usually begin with multiple defendants and, as the litigation progresses, the existing parties often discover that additional potentially at-fault entities should be added.
    CanadaReal Estate and Construction
    Miller Thomson
    Miller Thomson
  • Showing 661–680 of 2040 results

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