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  • Article

    Court Of Appeal Clarifies Rules Regarding Contact With Experts

    Yesterday, the Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Court Of Appeal Overturns Superior Court Ruling On The Charter Rights Of Autistic Children

    Wynberg et al. v. Ontario and Deskin et al. v. Ontario (hereinafter "Wynberg Deskin"). Briefly, Justice Kiteley had ruled that the Ontario government’s decision to deny funding of IBI/ABA therapy to children over five years of age was a violation of their right to equal treatment at law under section 15 of the Canadian Charter of Rights and Freedoms (the "Charter").
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
  • Article

    Court Suspends Enforcement Of Mandatory ADR Rules

    On February 12, 2013, the Court of Queen’s Bench released a memorandum announcing that it will not enforce the mandatory dispute resolution Rules.
    CanadaLitigation, Mediation & Arbitration
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Crowning A New Kind Of Class: The Supreme Court Of Canada Finds B.C.'s Multi-Crown Class Action Is Constitutional

    In Sanis Health Inc. v. British Columbia, the Supreme Court of Canada considered for the first time the constitutionality of the "government class action".
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Defendant Permitted to Defend Action Six Years After Plaintiff Obtains Default Judgment

    The Ontario Court of Appeal has upheld a Superior Court Judge’s decision to set aside a default judgment obtained by the plaintiff and allow the defendant the opportunity to enter a defence.
    CanadaLitigation, Mediation & Arbitration
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Digging Deep Into Exclusion Clauses: The Supreme Court Of Canada Provides Guidance On Contractual Interpretation

    Exclusion clauses—provisions which generally excuse a party from legal responsibility under a contract—are just like any other contractual term...
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    Expert Determination

    A recent judgment of the B.C. Supreme Court in Haisla Nation v. Bear Creek Contracting Ltd. illustrates the importance of clearly distinguishing between expert determination and arbitration in commercial agreements.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Franchisor Ordered To Pay More Than $16 Million For Failing To Protect And Enhance The Dunkin’ Donuts Brand In Quebec

    The Quebec Superior Court recently handed down a major decision in franchise law.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    How Many Questions Is Too Many On An Examination For Discovery By Written Interrogatories?

    In a case of sufficient size and complexity, asking several hundred questions on an examination for discovery by written interrogatories may not be disproportionate absent bad faith or illegality...
    CanadaLitigation, Mediation & Arbitration
    Siskinds LLP
    Siskinds LLP
  • Article

    ICC’s 2025 Arbitration Statistics Explained

    The International Chamber of Commerce's 2025 dispute resolution statistics reveal significant growth in arbitration cases, with North American parties increasingly turning to institutional arbitration. This analysis examines key metrics including industry sectors, dispute values, and procedural trends, while exploring how the new 2026 ICC Arbitration Rules and Canadian court backlogs may reshape the arbitration landscape.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    If You Weren’t Ready To Come Forward, Do You Still Have Legal Options?

    Many people delay taking legal action after an assault because of trauma, fear, ongoing criminal proceedings, or simply not knowing their legal rights. Understanding the limitation period for assault claims in British Columbia is essential if you’re considering seeking compensation through a civil lawsuit
    CanadaLitigation, Mediation & Arbitration
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    Informal Settlement Offers And Costs

    The Alberta Court of Appeal decision of Chisholm v Lindsay ("Chisholm") released last month was expected to reconsider an earlier Court of Appeal decision (Mahe v Boulianne ("Mahe"))...
    CanadaLitigation, Mediation & Arbitration
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    It's Just Notice: Ontario Court Of Appeal Holds That Rules Of Service Do Not Interfere With State Sovereignty

    The Ontario Court of Appeal rejected the proposition that Canada's international law obligations require that service of an originating process in a non-Hague Convention state, for the purpose of an Ontario action, has to be made in accordance with the laws of the foreign state.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Justification, Transparency And Intelligibility: From Beginning To End

    Recent case law has stressed the importance of regulatory tribunals ensuring that their processes be transparent and intelligible...
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Landmark SCC Ruling Provides Clarity On Privative Clauses

    The Supreme Court of Canada has delivered a landmark ruling declaring section 66 of the Conflict of Interest Act unconstitutional, fundamentally reshaping the boundaries between legislative authority and judicial oversight of administrative decisions. This unanimous decision addresses longstanding questions about the validity of privative clauses that restrict courts' ability to review findings by Parliament's ethics commissioner.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Major Changes To Ontario's Class Proceedings Act

    On July 8, 2020, Bill 161 received Royal Assent. The amendments to the Class Proceedings Act, 2002 contained in Bill 161 will come into force and effect on a date to be determined by proclamation of the Lieutenant Governor.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Material Adverse Effects: Insights From The High Court Of Justice

    Uncertainty caused by macroeconomic risks such as the COVID-19 pandemic, severe weather events and geopolitical tensions has given rise to increased judicial consideration of contractual terms apportioning risk in the negotiation and execution of commercial transactions.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    SCC Leaves The Door Open To Tort Claims Against Election Officials

    In Resler v. Anglin, 2026 SCC 23, the Supreme Court of Canada held that an unsuccessful provincial election candidate may continue his civil action in misfeasance in public office against Alberta’s Chief Electoral...
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Server Location Not Definitive In Determining Jurisdiction Over Foreign Defendant

    Canadian courts will generally assume jurisdiction over proceedings that have a real and substantial connection to them.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Solicitor-client Privilege Can Be Lost!

    The Ontario Court of Appeal has ruled that solicitor-client privilege can be implicitly waived when a party's pleadings rely on their understanding of their legal position...
    CanadaLitigation, Mediation & Arbitration
    Millar Kreklewetz
    Millar Kreklewetz
  • Showing 781–800 of 2040 results

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