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  • Article

    Ontario's Divisional Court Confirms A Two-step Approach To Common Issues On Certification

    The Ontario Divisional Court's decision in Kuiper v. Cook (Canada) Inc. offers the latest appellate determination on a debate about what, precisely, ...
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Ontario Court Approves $31.2 Million In Legal Fees For Class-Action Counsel

    The legal fees comprise $26 million in fees, just under $1million in disbursements and taxes of approximately $3.5 million.
    CanadaLitigation, Mediation & Arbitration
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Ontario Court Denies Franchisee Injunction, Confirms That Duty Of Good Faith Does Not Create New, Non-Contractual Rights

    The recent Ontario decision of Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc. provides reassurance to franchisors that Ontario courts will respect the contractual language between franchise parties in determining whether a franchisee is entitled to injunctive relief in respect of the termination of their franchise agreement.
    CanadaLitigation, Mediation & Arbitration
    Cassels
    Cassels
  • Article

    Ontario Court Of Appeal Can Order An Appeal To Be Heard Entirely In Writing – Even Where A Party Objects

    In a brief scheduling decision in 4352238 Canada Inc. v. SNC Lavalin Inc., Madame Justice Lois Roberts set a new precedent for the Court of Appeal for Ontario that the Court may order an appeal to be heard entirely in writing, ...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario Court Of Appeal Clarifies Civil Cause Of Action For Misrepresentations In Takeover Bid Circulars

    In its recent decision in Rooney v. ArcelorMittal S. A., the Ontario Court of Appeal clarified the scope of the civil cause of action for misrepresentations in a takeover bid circular, codified as section 131 of the Ontario Securities Act.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Ontario Court Of Appeal Refuses To Certify Institutional Abuse Class Action With No Common Perpetrator, Activity Or Location

    The Ontario Court of Appeal has upheld a lower court's decision refusing to certify a class action alleging systemic childhood sexual abuse within Canadian Jehovah's Witness congregations. The ruling examines whether highly individualized abuse claims involving different perpetrators, activities, and locations across various congregations can satisfy the commonality requirements necessary for class action certification, or whether individual proceedings would better serve the interests of justice.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Ontario Court Of Appeal Summaries (November 26 – 30, 2018)

    Following are our summaries of the civil decisions of the Court of Appeal for Ontario released this past week.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Ontario Court Of Appeal: Two-Year Limitation Period For The Enforcement Of Foreign Judgments

    This case means that foreign judgment creditors must act quickly to seek enforcement of judgments in Ontario.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Ontario Litigators, Dust Off Your Robes (But Don't Uninstall Zoom)! The Superior Court Of Justice Announces Guidelines For The Presumptive Mode Of Attendance

    In March 2020, the Superior Court of Justice suspended all in-person hearings in response to the COVID-19 pandemic.
    CanadaLitigation, Mediation & Arbitration
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Ontario Ministry Of Labour Inspection Blitzes

    The Ontario Ministry of Labour conducts various "inspection blitzes", which they advertise ahead of time, by sector.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Ontario Superior Court Rejects Attempt To Recast Claim Years Into Litigation

    Last week, in 1250264 Ontario Inc. v. Pet Valu Canada, Justice Belobaba rejected class counsel's late-breaking attempts to recast the representative plaintiff's claim.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Panel Orders TransAlta To Return Coal Generation Units To Service

    On July 23, 2012, TransCanada Corporation announced that it received a favorable ruling from an independent arbitration panel regarding its dispute with TransAlta Corporation over TransAlta’s force majeure and economic destruction claims.
    CanadaLitigation, Mediation & Arbitration
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Pierringer Agreements - Supreme Court Weighs In On Disclosure Obligations

    With the current strain on judicial resources, settlement is a frequent (and frequently encouraged) conclusion to ongoing litigation.
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Article

    Plaintiffs' Motion To Discontinue Proposed Overtime Class Action Granted

    In Somani v. International Financial Group Ltd., the Ontario Superior Court of Justice granted the plaintiffs' motion to discontinue a proposed class action related to allegedly unpaid overtime...
    CanadaLitigation, Mediation & Arbitration
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Precedent Set On Judicial Reviews’ Paper Trail

    Davis LLP litigator Alexi Wood has written the article "Precedent Set on Judicial Reviews’ Paper Trail" for the January 26, 2015 issue of The Lawyers Weekly.
    CanadaLitigation, Mediation & Arbitration
    DLA Piper
    DLA Piper
  • Article

    Procedure Trumps Substance: Alberta Court Of Appeal Grants Certification In Warner v Smith & Nephew Inc, 2016 ABCA 223

    Kelli McAllister and Renee Reichelt explore the ongoing tension in certification motions where courts are to provide a meaningful screening device but refrain from assessing the merits of the claim.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Products Liability In Flux: Courts Continue To Struggle With The Doctrine Of Waiver Of Tort

    Back in the summer of 2004, Mr. Justice Cullity of the Ontario Superior Court of Justice granted certification of a class action on behalf of users of a certain type of blood glucose monitor, which was alleged to be "dangerously defective" but which appeared to cause no harm: Serhan v. Johnson & Johnson (2004), 72 O.R. (3d) 296 (S.C.J.).
    CanadaLitigation, Mediation & Arbitration
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Regulatory Investigations ... When The Regulator Rings Twice

    We live in a regulated world. As time passes, more and more industries become subject to both generalized regulatory schemes relating to matters such as occupational health and safety, and specific regulatory schemes, such as are found in the securities market.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Restoring The Duty Of Care Analysis To Negligence Claims In Third-Party Proceedings

    The Alberta Court of Appeal has provided some helpful guidance on the scope of third-party claims.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Richmond Hill (Town) v Elginbay Corporation: Statutory Uncertainty Required For Deference To Tribunal

    In its decision in Richmond Hill (Town) v Elginbay Corporation, 2016 ONSC 5560 the Ontario Divisional Court noted that in order for a tribunal's statutory interpretation to be entitled to deference...
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Showing 701–720 of 14422 results

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