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  • Article

    Alberta Court Of Queen's Bench Offers Clarification On Security For Costs And Security For Judgment

    In 1400467 Alberta Ltd v Adderley, 2014 ABQB 439, Madam Justice Veit explained the circumstances in which a defendant will be ordered to pay security for costs and security for judgment.
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Article

    An Investigator's Misconduct Can Lead To A Stay Of Proceedings

    In the last 5 years, investigators with the Quebec securities regulator, the Autorité des marchés financiers (AMF)
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
Article

BC Court Of Appeal Finds Statutory Complexity, Unfocused Common Issues Weigh Against Certification: Airbnb v Ware, 2026 BCCA 110

The British Columbia Court of Appeal set aside a class action certification in a case against Airbnb, finding that the lower court failed to adequately address the complexity of analyzing over 20 statutory schemes across multiple Canadian jurisdictions. The decision emphasizes that certification judges must grapple with foreseeable litigation complexities upfront rather than deferring them, and that common issues must be precisely framed and directly connected to pleaded causes of action.
CanadaLitigation, Mediation & Arbitration
McCarthy Tétrault
McCarthy Tétrault
  • Article

    Bruff-Murphy v Gunawardena

    The trial judge was held to have erred in allowing an expert witness, who the judge had reservations about, to testify when said expert was clearly not independent.
    CanadaLitigation, Mediation & Arbitration
    Field Law
    Field Law
  • Article

    Careful Putting Your Best Foot Forward: Alberta Court Of Appeal Eases Access To Summary Dismissal

    The plaintiff and defendant each manufactured and sold jewellery, and had entered into a settlement agreement whereby the defendant agreed to not sell jewellery with certain unique and protected characteristics.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Case Law - Corbett v. Corbett; Pace Credit Union, 2011 ONSC 7161

    This was a motion to secure compliance with an e-discovery order. Justice Brown ordered the defendants to serve an e-discovery plan no later than April 29, 2011, and produce all documents resulting from execution of that plan by May 27, 2011.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Company's Financial Statements Capable Of Confirming Causes Of Action Under The Limitation Act

    British Columbia companies should be aware that the financial statements of a business are capable of confirming a creditor's cause of action and extending the expiration of the limitation period for the creditor to commence an action under the Limitation Act.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Court Of Appeal's Decision On Assessments By Someone Other Than A Health Practitioner

    In the 2015 decision of the Court of Appeal, Ziebenhaus v. Bahlieda, the appellant sustained a head injury while skiing on a school trip.
    CanadaLitigation, Mediation & Arbitration
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Crown Responsible For Protecting Confidential Informant Privilege, Even Where No Charges Laid: Re Regina And Atout

    On July 27, 2012, a Justice of the Peace in Toronto issued a warrant authorizing the police to search Mr. Atout’s residential premises for illegal handguns.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Determining Quorum + Retaining Jurisdiction In Disciplinary Proceedings

    In Jhanji v The Law Society of Manitoba, the Manitoba Court of Appeal discussed quorum for professional discipline tribunals – or how many tribunal members are required for the tribunal...
    CanadaLitigation, Mediation & Arbitration
    Field Law
    Field Law
  • Article

    Fraudulent Conveyances In BC: A Powerful Tool For Judgment Creditors

    Obtaining judgment against a defendant does not guarantee recovery. Frequently, the greater challenge is enforcing the judgment and locating realizable assets. Accordingly, it is important for judgment creditors to be aware of the tools available to them.
    CanadaLitigation, Mediation & Arbitration
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    Impact Of The New Code Of Civil Procedure On Class Actions, Part #1: Protection Of The Rights And Interests Of Québec Class Members In Multi-Jurisdictional Class Actions

    The court cannot refuse to authorize a class action on the sole grounds that the class members are part of a multi-jurisdictional class action already under way outside Québec.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    In Pursuit Of Fairness: Revised Test For Dismissal Of Proceedings For Want Of Prosecution By The BC Court Of Appeal

    Rule 22-7(7) of the Supreme Court Civil Rules permit parties to apply for dismissal of a proceeding for want of prosecution. A five-member panel of the BCCA has revised the test for want of prosecution.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    It's The Final Countdown! The Basic And Ultimate Limitation Periods

    Considering litigation? If so, don't wait too long, because the clock is ticking, and you might run out of time sooner than you think.
    CanadaLitigation, Mediation & Arbitration
    Lesperance Mendes Lawyers
    Lesperance Mendes Lawyers
  • Article

    Joint Accounts: Is The Surviving Owner Really Entitled To The Money?

    Joint bank accounts can provide that the survivor of the joint owners is entitled, by right of survivorship, to the balance left in the account upon the death of the other joint owner.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Judicial Plagiarism OK If Not Excessive

    Two decisions in one week on 'judicial plagiarism'.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Landmark Supreme Court Decision On Summary Judgment: Hryniak V Mauldin

    On January 24th, 2014, the Supreme Court released its much anticipated decision in Hryniak v Mauldin.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Lawyer Denied Anonymization In Traffic Ticket Appeal (R. v. Slogoski)

    Lawyers, physicians, accountants and other professionals who depend heavily on their reputations may understandably wish to keep their names from being reported in court decisions in which they are involved. The open court principle, however, does not generally allow for anonymization simply because a party has a professional reputation to protect.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lawyer Escapes Contempt Consequences After Using AI-generated Case Law (Ko v. Li)

    In a follow up to the decision we discussed in Factum containing fake case law likely generated by AI submitted in Ontario litigation (Ko v. Li)...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Making Foolish Decisions Does Not Mean The Person Lacks Capacity

    In the recent Ontario Superior Court's decision of James v James, 2024 ONSC 3916 ("James v James"), the Court highlighted that a foolish decision by an elder person is insufficient evidence that the elder person is incapacitated and unable to make financial and personal decisions for themselves.
    CanadaLitigation, Mediation & Arbitration
    Bishop & McKenzie LLP
    Bishop & McKenzie LLP
  • Showing 701–720 of 2040 results

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