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  • Article

    Solicitor-Client Privilege Trumps Privacy Commissioner´s Investigatory Powers

    In a unanimous ruling issued on July 17, 2008, the Supreme Court of Canada confirmed that the Privacy Commissioner of Canada cannot order the production of documents over which a claim of solicitor-client privilege is asserted.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Stuart Budd & Sons Limited V. IFS Vehicle Distributors ULC: Supplemental Reasons Pending Appeal Lead To Reasonable Apprehension Of Bias

    Although it is trite to say that an appeal is from the order not the reasons, it is nevertheless equally trite that the reasons often provide the basis for an appellate court's finding that the order was either correct or in error.
    CanadaLitigation, Mediation & Arbitration
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
  • Article

    Supreme Court Of Canada Addresses Common Law Police Powers

    In the recent decision of Fleming v. Ontario, 2019 SCC 45, the Supreme Court of Canada declared that there is no common law police power to arrest individuals acting lawfully
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Supreme Court Of Canada Confirms Generous And Liberal Approach To The Recognition And Enforcement Of Foreign Judgments

    In Chevron Corp. v Yaiguaje, 2015 SCC 42, the Supreme Court of Canada confirms that Canadian courts should take a generous and liberal approach to the recognition and enforcement of foreign judgments.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Supreme Court Of Canada Rules In Chevron Corp. V. Yaiguaje

    On September 4, 2015, the Supreme Court of Canada unanimously held in Chevron Corp v. Yaiguaje that the Ontario court has jurisdiction to hear an action brought by Ecuadorian plaintiffs.
    CanadaLitigation, Mediation & Arbitration
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Supreme Court Of Canada To Decide Whether Judges Can Hear Matters Out Of Province In National Class Actions

    The Supreme Court of Canada has granted leave to appeal from two appellate decisions dealing with the issue of whether a judge from one province may sit with judges from other provinces to hear argument...
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Supreme Court Uses Doctrine Of Stare Decisis To Prevent Re-Litigation Of Claims

    The Supreme court of Canada has recently suggested that a party can also rely on the doctrine of stare decisis to dismiss an action at a preliminary stage.
    CanadaLitigation, Mediation & Arbitration
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Survey Says... Decertify

    At the original certification motion, neither party led evidence of deeds or surveys showing the boundary of class members' lands.
    CanadaLitigation, Mediation & Arbitration
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    The Consequences Of Delay

    Effective May 13, 2024, court staff will resume issuing and serving administrative dismissals and orders for delay.
    CanadaLitigation, Mediation & Arbitration
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    The SCC Leave Project: Predictions For July 10, 2025

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on July 10, 2025.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For June 1, 2023

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on June 1, 2023.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Westerhoff And McCallum: More From The OCA On Expert Evidence

    The Ontario Court of Appeal released its decision last week in Westerhof v. Gee Estate and McCallum v. Baker (2015 ONCA 206), which are the companion cases to Moore v. Getahun.
    CanadaLitigation, Mediation & Arbitration
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    When A Driver Says They Never Saw The Motorcycle

    After a motorcycle collision, drivers frequently claim they never saw the motorcyclist, but this statement carries significant legal implications. This article examines the leading factors behind motorcycle accidents, from visibility challenges and blind spots to driver awareness issues, and explores why the resulting legal claims are rarely as straightforward as they appear.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    When Is A Settlement Not A Settlement?

    The recent decision of the Ontario Court of Appeal in Deschenes v. Lalonde provides an example of one of those very rare occasions when a party to a settlement can obtain an order setting the settlement agreement aside.
    CanadaLitigation, Mediation & Arbitration
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Approving A Sale Of Co-Owned Properties: What The Purssell v. Purssell Decision Means For Partition Of Property Act Proceedings

    The BC Court of Appeal's decision in Purssell v. Purssell clarifies critical principles governing court approval of property sales in partition proceedings, particularly when co-owners dispute the terms of sale.
    CanadaReal Estate and Construction
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    Ontario Superior Court Of Justice: The Expert's Report

    An important part of an expert’s role is in the preparation of his report or witness statement.
    CanadaReal Estate and Construction
    Gowling WLG
    Gowling WLG
  • Article

    Repudiation By Denied Access: ONCA Confirms Loss Of Essential Common Area Access May Be Repudiatory Breach Of Lease

    The Ontario Court of Appeal has established a critical precedent limiting landlords' discretion over common areas in commercial leases. When a landlord's actions interfere with essential infrastructure that tenants depend...
    CanadaReal Estate and Construction
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Security Measures: The Alberta Court Of King's Bench Clarifies The Law Of Lien Security

    The Court of King's Bench of Alberta has provided important new guidance regarding construction lien timelines. The registration of a construction lien and certificate of lis pendens (CLP) is an effective way...
    CanadaReal Estate and Construction
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    The High Stakes Of Construction Litigation: Unpacking The Ontario Superior Court's Decision In 1917196 Ontario Ltd. V. Kazmi.

    Lien claimants, beware: the Ontario Superior Court of Justice ("ONSC") is clear – going after baseless claims and causing delays in proceedings comes at a substantial cost.
    CanadaReal Estate and Construction
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ignoring CRA Could Lead To Jail!

    A Federal Court case demonstrates the severe consequences of ignoring Canada Revenue Agency Requests for Information during tax audits. When a landscaping corporation and its principal failed to comply with a court-ordered production of financial documents, they faced substantial fines and a 30-day jail threat, highlighting the critical importance of proper RFI compliance with guidance from experienced tax counsel.
    CanadaTax
    Millar Kreklewetz
    Millar Kreklewetz
  • Showing 801–820 of 2040 results

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