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  • Article

    Guttin: A Reminder Not To Overreach

    Litigants sometimes believe they must allege maximal goals if they are going to achieve their actual objective. If you needed a fresh caution against overreaching, the costs ruling in Guttin v. Creber, 2026 ONSC 4507, delivers it. After an oppression dispute involving B Con Engineering Inc. and BCE Realty Ltd., the Ontario Superior Court fixed costs against the notionally successful applicants. This was because, despite the applicants’ limited success on disclosure and sale process issues, their big ticket allegations and remedies did not land.
    CanadaLitigation, Mediation & Arbitration
    CP LLP
    CP LLP
  • Article

    House Arrest, Probation For Former Editor In Contempt Case

    A previous newspaper editor who breached an injunction has been sentenced to 90 days of house arrest, followed by 18 months of probation.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
Lerners LLP
  • Article

    i Trade Finance Inc v Bank Of Montreal

    The appellant i Trade Finance had advanced money to a company, Webworx Inc., operated by a fraudster. The fraudster used the advances to the company to buy shares in a BMO Nesbitt Burns account which, in turn, were pledged to BMO to obtain additional credit. Both of the parties to this appeal were unaware of the fraud.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Law Society Of Upper Canada v. Kivisto: Final v. Interlocutory Analysis Varies Between Civil And Regulatory Proceedings

    The Ontario Divisional Court explained that because of the differences between a regulatory proceeding and a civil proceeding, the distinction between final and interlocutory orders will vary in these two contexts.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    New Court Proceedings - March 2019

    New Court Proceedings - March 2019
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • 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 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

    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

    Runkle v Alberta (Chief Firearms Officer): Mootness Is Alive And Well

    In its decision in Runkle v. Alberta (Chief Firearms Officer), the Alberta Court of Appeal dismissed an appeal from the Court of Queen's Bench on the basis of mootness.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Settlement Privilege + Related Court Actions

    When a party has filed separate Court Actions for multiple incidents causing indivisible injuries and one of these Actions has settled, the records from the settled Action...
    CanadaLitigation, Mediation & Arbitration
    Field Law
    Field Law
  • Article

    Sexual Assault: Why Are Court Cases Brought So Long Afterwards?

    A discussion on the tardiness in bringing a sexual abuse claim.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Similarity Between Cross-Jurisdictional Class Actions Is Not Enough To Justify Staying One Action Pre-Certification

    In InvestorCOM Inc. v. L'Anton, 2025 BCCA 40, the BC Court of Appeal upheld the chambers judge's decision not to strike the plaintiff's claim because of a parallel action in Ontario...
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Video

    Top 5 Civil Appeals From The Court Of Appeal (January 2013) – Video Companion

    This case involves the interpretation and application of a trust set up for the grandchildren and great grandchildren of the founder of Primo Foods.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Truman V Association Of Professional Engineers Of Ontario: Ontario Divisional Court Applies Reasonableness Standard To Decision From The Discipline Committee Of The Association Of Professional Engineers

    The Professional Engineers Act, RSO 1990, c P.28 (the "Act") stipulates that complaints against professional engineers are investigated by a Complaints Committee.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    The Commercial List: A Court Of The Future

    A case conference memorandum has received interest due to its focused discussion with respect to a desire to increase the use of e-trials at the Commercial List.
    CanadaFinance and Banking
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Recent TMOB Decision Shows That Sometimes, Establishing Use In A Section 45 Proceeding Is Straightforward

    The Trademarks Opposition Board recently upheld a registration for the FRÜH & DESIGN trademark covering top fermented beers, demonstrating that clear evidence of use can successfully defend against section 45 proceedings. This decision illustrates how straightforward documentation of sales, distribution networks, and delivery records proved sufficient to maintain trademark protection in Canada.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    BC Court Of Appeal: No Basis In Fact = No Class Action

    The BC Court of Appeal has reaffirmed the courts' gatekeeping role at certification, upholding a lower court's refusal to certify a privacy class action where plaintiffs failed to provide any evidentiary basis for their central allegation that shopping mall directory software recorded facial images and converted them into biometric data. This decision clarifies the evidentiary burden required to satisfy the "some basis in fact" standard at the certification stage in British Columbia.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Showing 81–100 of 2040 results

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