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  • Article

    Notice Of Assessment Not Received. Can I Appeal?

    The Tax Court of Canada has established a four-step process for taxpayers who discover a Notice of Assessment after the standard 90-day objection deadline has passed.
    CanadaTax
    Millar Kreklewetz
    Millar Kreklewetz
  • Article

    Remedies Constrained In Judicial Review

    A recent Federal Court decision highlights the limitations taxpayers face when seeking judicial review of Canada Revenue Agency decisions. Even when the CRA acknowledges its decision was unreasonable, courts typically remit matters back for redetermination rather than substituting their own judgment or granting additional relief.
    CanadaTax
    Millar Kreklewetz
    Millar Kreklewetz
Article

Third-Party Litigation Funding Revolutionizing Commercial Litigation, Despite Some Challenges In Common Law

One of the most critical developments in civil – and potentially, commercial – litigation in recent years has been the growth of third-party financing of legal costs for cases that might not otherwise have their day in court.
GlobalLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
  • Article

    Our Child Has Come To Live With Me; How Do I Stop My Child Support Payments To My Ex?

    As with most scenarios within Family Law, there are various approaches your family lawyer can adopt to ensure an amicable outcome.
    CanadaFamily and Matrimonial
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Big News For Small Claims – Increase In Monetary Jurisdiction For Small Claims Court

    Access to justice is a fundamental principle of our legal system, yet for many Ontarians, it is often constrained by financial and temporal realities. Legal fees, administrative costs, and the length of lawsuits can often deter individuals and businesses from pursuing their claims in the courts.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Excalibur: The Divisional Court Affirms That Class Actions Are Not Always Preferable And That Ontario Courts Should Not Always "Go Global"

    In the recent Excalibur Special Opportunities LP v Schwartz Levitsky Feldman LLP decision, a majority of the Ontario Divisional Court upheld the ruling of Justice Perell denying certification of a proposed global class action...
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Interlocutory Injunctions And Irreparable Harm

    Interlocutory or interim injunctions are attractive to plaintiffs because the grant of an injunction often ends the litigation, at much less cost than a full-blown trial. Pharma cases are no exception.
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    Misuse Of Privileged Documents By Counsel May Lead To Disqualification

    There are very few things in the legal profession that have hard and fast rules, but privilege is certainly one of them.
    CanadaLitigation, Mediation & Arbitration
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Pleading Amendments Alleging Prior Public Disclosure Refused Where Defendants Lack Material Facts

    In 2015, Specialized Desanders sued Dynacorp Fabricators (now Enercorp Sand Solutions) and Progress Energy Canada for infringement of Canadian Patent No, 2,407,544
    CanadaLitigation, Mediation & Arbitration
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Pre-Certification Right To Cross-Examination Across Canada

    In British Columbia, courts rarely exercise their discretion to grant leave to cross-examine prior to certification.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Quebec's Gas Price Class Action Will Be Split And Heard In Two Stages

    In the context of this class action, the Quebec Superior Court recently granted a request to split the action, thereby splitting the trial into two stages...
    CanadaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Schwilgin v. Szivy: Costs May Be Inadequate Compensation For Prejudice On A Motion For An Extension Of Time

    In Schwilgin v. Szivy, the Ontario Court of Appeal dismissed a self-represented litigant's request for an extension of time to file a notice of appeal, after the litigant incorrectly had appealed an order to the Divisional Court.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Ex Parte, Not Carte Blanche: The FCA Pushes Back On Overbroad Section 11 Requests

    The Federal Court of Appeal recently upheld limits on the Competition Bureau's investigative powers, ruling that production orders under the Competition Act must be reasonable in scope and cannot be excessively broad or burdensome. This decision arose from the Bureau's investigation into Amazon's handling of fake product reviews, where the court rejected a data request covering billions of products as insufficiently justified and disproportionate.
    CanadaAntitrust/Competition Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Lifting The Stay - Is The "Doomed To Fail" Argument Doomed To Fail?

    The British Columbia Supreme Court recently reviewed the considerations to be applied on an application by a secured creditor to lift a stay of proceedings granted in an initial order under the Companies' Creditors Arrangement Act (the "CCAA").
    CanadaCorporate/Commercial Law
    McMillan LLP
    McMillan LLP
  • Article

    Not On The Rink In My Backyard

    The analysis of the case for enforcement against Chevron Canada will be of interest to multinationals with business in Canada in terms of considering whether they would be able to demonstrate the requisite separation of assets and operations.
    CanadaCorporate/Commercial Law
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Cross-examining Receivers, Monitors And Trustees In Alberta Insolvency Proceedings: An Exceptional Remedy

    Court-appointed receivers, monitors and trustees in Canadian insolvency proceedings hold a unique position as officers of the court. A fundamental question arises in Alberta practice: under what circumstances may parties cross-examine these court officers on the contents of their reports? Alberta courts have established clear principles governing when such examination is permitted and the stringent requirements parties must meet to justify questioning these neutral insolvency professionals.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    British Columbia Court Of Appeal Broadens CGL Coverage For Defective Products

    On April 12, 2011, the British Columbia Court of Appeal released its decision in "Bulldog Bag Ltd. v. AXA Pacific Insurance Co." (2011).
    CanadaInsurance
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Litigation — Year In Review

    Below are our summaries of key decisions and advisories that will impact intellectual property litigation in Canada.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Adding More Class To Class Action Authorization

    Much has been written or said about the Supreme Court of Canada recent decisions in Infineon Technologies and Vivendi Canada.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Administrative Dismissals: A Decidedly Defence Perspective

    In the past several years, administrative dismissal orders have become a routine existence, if not an annoyance, at various stages of the litigation process.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Showing 681–700 of 2040 results

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