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  • Article

    Municipality’s Liability For Sidewalks Greater In High Traffic Areas

    Early on the summer morning of July 19, 2007, the plaintiff tripped and fell over a height differential between two sidewalk slabs while hurrying to catch a bus.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Myths And Stereotypes Regarding Sexual Violence: Superior Court Confirms The Constitutional Validity Of Article 2858.1 C.C.Q.

    The Quebec Superior Court has ruled on the constitutionality of article 2858.1 of the Civil Code of Quebec, which establishes a presumption of irrelevance for evidence based on myths and stereotypes in cases involving sexual and spousal violence. The decision addresses whether this evidentiary framework infringes upon constitutional rights including reputation, full answer and defence, procedural fairness, and the right to a public hearing.
    Canada
Litigation, Mediation & Arbitration
Langlois Avocats
Langlois Avocats
  • Article

    New Federal Court Guidelines For Complex Proceedings Consolidate And Update Previous Guidelines

    The Federal Court has released a new consolidated practice direction, Case and Trial Management Guidelines for Complex Proceedings.
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    No More Automatic Stay: Five Judge Panel Overrules Handley Estate

    The Ontario Court of Appeal has overturned its 2018 Handley Estate decision, which had imposed automatic stays on parties who failed to immediately disclose partial settlement agreements...
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Nunavut Court Shoots Down Appeal Of Caribou Hunter Acquittal

    The Court held that the Government of Nunavut, the party who initiated the appeal, does not have standing to pursue the appeal.
    CanadaLitigation, Mediation & Arbitration
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Ontario Court Allows Punitive Damages Claim To Proceed In Environmental Class Action

    The Ontario Superior Court of Justice has certified punitive damages as a common issue in an environmental contamination class action, marking a rare development in Canadian class action litigation. The ruling examines whether a public body's alleged failure to warn residents about possible drinking water contamination and delayed investigation could constitute conduct warranting punitive damages, with significant implications for organizations managing environmental incidents.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Government Proposes Significant Changes To The Class Proceedings Act

    The Ontario government this week introduced the Smarter and Stronger Justice Act, 2019 ("Act"). In addition to other broad changes, the Act, which has not yet become law...
    CanadaLitigation, Mediation & Arbitration
    Goodmans LLP
    Goodmans LLP
  • Article

    Ontario Superior Court Tightens Rules: 'Your' Expert Witness May Now Be Anything But

    A recent decision of the Ontario Superior Court of Justice sheds light on the law regarding expert-witness evidence in Ontario.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Pre-Judgment Remedies: Preserving Your Ability To Collect

    In a previous article entitled "Enforcing Judgments: Not just a matter of being paid," we discussed judgment enforcement in Saskatchewan. In that article, it was noted that obtaining a judgment
    CanadaLitigation, Mediation & Arbitration
    McKercher LLP
    McKercher LLP
  • Article

    Question Everything…Except the Witness - Tips On Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175

    While the facts are hardly relevant to professional regulators, tribunal members can learn much from the Court of Appeal's critique of the trial judge's interventions.
    CanadaLitigation, Mediation & Arbitration
    Field Law
    Field Law
  • Article

    R. V. Pahl: Determining A Sentence's Fitness On Appeal

    In a sentencing appeal, the British Columbia Court of Appeal in R v. Pahl split on the issue of how to properly determine whether a sentence was fit in the context of disputes over...
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Regional Practice Directions – Scheduling, Filing, And Communicating With The Courts

    When it comes to scheduling a date with the courts and subsequently serving and filing materials, you must first consult your region's Practice Directions.
    CanadaLitigation, Mediation & Arbitration
    Casey & Moss LLP
    Casey & Moss LLP
  • Article

    SCC Clarifies That Provincial Superior Courts Can Decide The Lawfulness Of Federal Legislation If Doing So Is A "Necessary Step" In Resolving The Claim Before Them

    On July 9, 2015, the Supreme Court of Canada released its decision in Strickland v Canada, 2015 SCC 37 (Strickland).
    CanadaLitigation, Mediation & Arbitration
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Sealing The Record? Not As Easy As You Think

    Recent court decisions in Ontario have made sealing orders increasingly difficult to obtain, even when dealing with commercially sensitive information.
    CanadaLitigation, Mediation & Arbitration
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Supreme Court Denies Leave To Appeal In Ongoing Religious Dispute

    On July 18, 2024, the Supreme Court of Canada denied leave to appeal from the decision of the Ontario Court of Appeal in Birhane v. Medhanie Alem Eritrean Orthodox Tewahdo Church.
    CanadaLitigation, Mediation & Arbitration
    Carters Professional Corporation
    Carters Professional Corporation
  • Article

    Supreme Court Of Canada Weighs In On Concurrent Judicial Reviews And Statutory Appeals

    When a statute provides for a limited right of appeal from an administrative decision, is judicial review of the non-appealable aspects of the decision available only in rare or unusual cases?
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Supreme Court Remands "Mr. Big" Case To B.C. Court Of Appeal

    On Feb. 26, 2015, the Supreme Court of Canada remanded a case involving a "Mr. Big" confession back to the Court of Appeal of British Columbia for reconsideration in accordance with R v. Hart, 2014 SCC 52.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Tactical Summons Barrage Leads To Big Indemnity

    The case of Opara v. Opara provides an example of hotly contested estate litigation involving a disappointed family member who will take the matter to a disproportionate level in an attempt to avoid dismissal of his litigation.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Taking The Show On The Road: Class Action Judges Can Sit Outside Their Province

    The Supreme Court of Canada held that superior court judges in British Columbia and Ontario have broad statutory authority and discretion under their respective Class Proceedings Acts.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    The Code Of Conduct For Expert Witnesses

    A recent decision of the Federal Court emphasizes the importance of ensuring that expert witnesses understand their independent advisory role to the Court.
    CanadaLitigation, Mediation & Arbitration
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Showing 721–740 of 2040 results

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