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  • Article

    Aboriginal Law @ Gowlings, December 14, 2011

    On November 10, 2011, the Supreme Court of Canada (the "Court") unanimously dismissed an appeal made by Lax Kw’alaams and other First Nations ("Lax Kw’alaams") from the B.C. Court of Appeal.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Alberta Court Decision Addresses Drop Dead Rule, Chronic Delays In Civil Litigation

    The Court of Appeal of Alberta addressed the issue of chronic delay in civil litigation, when it released a split decision on the interpretation of rule 4.33 in the Alberta Rules of Court.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
  • Article

    Amendments To The Rules Of Civil Procedure: Simplified Procedure Actions

    On January 1, 2020, amendments to section 108 of the Courts of Justice Act came into force to eliminate trials by jury under Simplified Procedure.
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson
  • Article

    Be Careful What You Plead For: Ontario Court Of Appeal Clarifies When Solicitor-client Privilege Has Been Waived

    Solicitor-client privilege protects confidential communications between a lawyer and client made for the purpose of giving or receiving legal advice.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    British Columbia (Police Complaint Commissioner) v The Abbotsford Police Department: Determining Whether An Appeal Is Civil Or Criminal In Nature

    The British Columbia Court of Appeal affirmed the legal test for determining the nature and character of appeals.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Court Of Appeal Endorses Summary Dismissal Of Statute Barred Actions

    In its recent decision in "Boyd v. Cook", the Alberta Court of Appeal stressed the importance of limitation periods.
    CanadaLitigation, Mediation & Arbitration
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Court of Appeal for Ontario Rejects a "Race to res judicata

    The Court of Appeal for Ontario recently decided Amtim Capital Inc v Appliance Recycling Centers of America,1 which considered the enforceability of a US default judgment in a contractual dispute.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Divisional Court Rules On Cost Regime Symmetry

    The Divisional Court released its decision in Fischer last week, in which the Court dismissed the Plaintiffs' application for leave to appeal an October 2014 costs decision by Perell J.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Don't Bother Asking: Supreme Court Of Canada Raises The Bar For Mandatory Injunctions In R. v. Canadian Broadcasting Corporation (CBC)

    It remains to be seen just how, and even if, a mandatory injunction could be ordered outside of an application for a judgment.
    CanadaLitigation, Mediation & Arbitration
    McInnes Cooper
    McInnes Cooper
  • Article

    Featured Case: Aranas v. Kolodziej The Buck Stops Here: A Rare Summary Judgment Win For The Defence

    In the recent decision of Aranas v. Kolodziej,1 Michael Kennedy of McCague Borlack was successful in securing a dismissal of the action as against its client on summary judgment.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Federal Court Of Appeal Orders Disclosure Of Third Party Information Located Outside Canada

    In a unanimous decision released on November 7, 2008 the Federal Court of Appeal dismissed the appeal in eBay Canada Ltd. et al. v. Minister of National Revenue, requiring that the appellants produce to the Minister of National Revenue confidential information maintained on computer servers located outside of Canada.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    How To Go For Broke–Wiithout Going Broke–On Appeal

    The bill from a civil appeal can shock even the most litigation- savvy client. While appeals will never be a bargain, counsel can help keep costs down by maximizing efficiency.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Less Is Not Always More: The Court Of Appeal Addresses A Consortium Carriage Fight

    The Ontario courts have developed a body of caselaw to address the problem that arises where multiple law firms seek to advance what is essentially the same class proceeding.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Ontario Judge Admits: Jury Trials Exist To Keep Damage Awards Low For Insurance Companies

    A recent decision of the Ontario Superior Court is making waves in the legal circles because of the trial judge's bold statements about the role of civil jury trials in our justice system...
    CanadaLitigation, Mediation & Arbitration
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Partial Summary Judgment Remains Exceptional: Lessons From Kotsopoulos v. Toronto

    Typically, motions for partial summary judgment are difficult to advance and, in many cases, do not proceed to scheduling given their low likelihood of success. However, Kotsopoulos v. Toronto (City)...
    CanadaLitigation, Mediation & Arbitration
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Plaintiffs May Attempt To Overcome Deficiencies By Raising Charter Breaches

    You must prove bad faith or wilful conduct to get damages for a Charter breach in Ontario — but in B.C., proof of just the breach is enough.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    R. v. Ogiamien: Court Of Appeal Cannot Order Superior Court To Proceed In A Particular Manner In Habeas Corpus Application

    The appellant has filed two notices of appeal in relation to his on-going habeas corpus application in the Superior Court of Justice.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    RECO Regulatory Response Submissions Are Privileged

    The Ontario Superior Court of Justice recently addressed whether written submissions filed by real estate agents in response to regulatory complaints are protected from disclosure in civil litigation.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Recovering Unpaid Invoices Through Litigation: What Happens When Clients Don’t Pay?

    Recovering unpaid invoices can be critical to protecting your business’s cash flow. This article outlines when litigation may be necessary, how the process works in British Columbia...
    CanadaLitigation, Mediation & Arbitration
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    Saskatchewan Modernizes Defamation Law For The Digital Age

    Saskatchewan has officially brought The Defamation Act into force. The Defamation Act replaces the province's century-old Libel and Slander Act, which had been in place since 1909. The new legislation reflects the realities of modern communication and is designed to address how reputational harm occurs in an era dominated by online publishing, social media, and digital news platforms.
    CanadaLitigation, Mediation & Arbitration
    McKercher LLP
    McKercher LLP
  • Showing 841–860 of 2040 results

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