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  • Article

    The Final Report: LCO Recommendations For Class Actions In Ontario

    On July 17, 2019, the Law Commission of Ontario ("LCO") released its final report recommending changes to Ontario's class action legislation and practice (the "Report").
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    The SCC Monitor (30/07/2015)

    Following our last post, the Supreme Court has released its decision in Strickland v. Canada (Attorney General), 2015 SCC 37.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
Article

The Supreme Court Of Canada Rules That While BC Securities Commission Disgorgement Orders Survive Bankruptcy Discharge, Administrative Penalties Do Not

In Poonian v British Columbia (Securities Commission), 2024 SCC 28, the Supreme Court of Canada clarified which monetary sanctions ordered by the British Columbia Securities Commission...
CanadaLitigation, Mediation & Arbitration
DLA Piper
DLA Piper
  • Article

    When Agreements Collide — The Ontario Court Of Appeal Upholds Forum Selection Provision In Friel v. HUB

    In Friel v. HUB International Limited, 2026 ONCA 313, the Ontario Court of Appeal upheld the enforceability of a forum selection clause designating the State of Delaware as the exclusive forum for resolving a dispute...
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    When Settling Out Isn’t Enough: Contribution Claims After Pre-Con Builders Ltd V Neil Cooper Architect Inc

    The Manitoba Court of Appeal has reaffirmed that defendants in multi-party litigation retain statutory rights to pursue contribution claims against settling co-defendants, even when they haven't raised all available defenses.
    CanadaLitigation, Mediation & Arbitration
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    Ontario Court Of Appeal Examines Right Of Freelance Authors

    In Robertson v. Thomson Corporation, the Ontario Court of Appeal has considered the right of a freelance author, who had contributed articles to a newspaper, to restrain publication of her articles in electronic archiving and search databases and CD-ROMs. The Court held that, subject to any applicable defences, the reproduction of the freelance author’s articles in these electronic databases without her authorization infringed her copyright in the articles.
    CanadaMedia, Telecoms, IT, Entertainment
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    B.C. Court Of Appeal Upholds The Values Of The Implied Undertaking When Weighed Against Professional Regulator's Public Protection Mandate

    B.C. Court of Appeal upholds the values of the implied undertaking when weighed against professional regulator's request to use information obtained in pre-trial discovery in other proceeding.
    CanadaPrivacy
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Turning Brownfields Into Green

    A recent British Columbia Court of Appeal decision assists developers of contaminated sites.
    CanadaReal Estate and Construction
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Unclaimed GST ITCs Allowed On Reassessment

    The Tax Court of Canada has issued a landmark ruling requiring the Canada Revenue Agency to account for all unclaimed Input Tax Credits carried forward from prior reporting periods when reassessing GST/HST returns. This decision in Ontario Tire Stewardship v. The King resolves a long-standing dispute about whether the Minister's obligation to "audit to net tax" extends beyond ITCs from the specific period under review, potentially affecting all Canadian GST registrants facing reassessment.
    CanadaTax
    Millar Kreklewetz
    Millar Kreklewetz
  • Article

    The Presumption of Undue Influence in Buffa v. Giacomelli, 2026 Onca 566 (CanLII)

    The Ontario Court of Appeal's recent decision in Buffa v. Giacomelli examines the complex legal standards for establishing undue influence in estate disputes, particularly when elderly parents...
    CanadaFamily and Matrimonial
    Casey & Moss LLP
    Casey & Moss LLP
  • Article

    Court of Appeal Criticizes Trial Judge's Conduct

    While the issues about the trial judge's demeanour in this case arose in the context of a criminal trial, the comments of the Court of Appeal have broader application, and are relevant to almost all areas of litigation, including commercial litigation.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Litigation In The Digital Age: New Rules On The Service Of Court Documents In Ontario

    There is a new but little-known way to serve court documents in Ontario.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Supreme Court: Canadian Governments Can Join In Class Actions To Pursue Redress For Cross-Border Harms

    Canada's federal structure means national class actions naturally raise potential constitutional questions.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Supreme Court Of Canada Opens Door To Enforcement Of Foreign Judgments Against Subsidiaries In Canada

    Last week the Supreme Court of Canada released its most recent private international law decision that further develops Canada's regime of recognition and enforcement of foreign judgments against subsidiaries operating in Canada.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Tax Court Of Canada Update

    Chief Justice Rossiter and Associate Chief Justice Lamarre of the Tax Court of Canada provided an update on the resumption of operations of the Tax Court...
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    The Civil Injunction Cheat Sheet

    Injunctions are a powerful remedy that are sought and granted in a wide range of disputes.
    CanadaLitigation, Mediation & Arbitration
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Yaiguaje v. Chevron Corporation: Enforcing An Ecuadorian Judgment Against A U.S. Company In Ontario

    In Yaiguaje v. Chevron Corp, 2013 ONCA 758, the Ontario Court of Appeal affirmed that an Ontario court has the power to recognize and enforce a judgment for approximately US $9.51 billion rendered by Ecuador’s National Court of Justice against Chevron Corporation ("Chevron"), and its Canadian subsidiary, Chevron Canada Limited ("Chevron Canada"), which was not a party to the Ecuadorian action.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Recent Developments In Competition Law

    Recent developments in competition law include new jurisprudence on the interpretation of the abuse of dominance provisions, increased resources for criminal cartel enforcement and new guidance on merger review.
    CanadaAntitrust/Competition Law
    Goodmans LLP
    Goodmans LLP
  • Article

    COVID-19: Ontario Suspends Limitation Periods And Procedural Deadlines

    With courts across Ontario suspending regular operations in the wake of COVID-19, the Ontario Government has now made an order suspending limitation periods and ...
    CanadaCoronavirus (COVID-19)
    McMillan LLP
    McMillan LLP
  • Article

    Covid-19 Update: The Courts Provide Accommodations For The Commissioning Of Affidavits In Civil Proceedings

    In light of the ongoing COVID-19 pandemic, effective March 20, 2020, and until further notice the Court of Appeal for British Columbia
    CanadaCoronavirus (COVID-19)
    EKB | Edwards, Kenny & Bray LLP
    EKB | Edwards, Kenny & Bray LLP
  • Showing 741–760 of 2040 results

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