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  • Article

    Spoiler Alert: SCC Clarifies The Doctrine Of Spoliation For The 21st Century

    The Supreme Court of Canada has addressed the doctrine of spoliation for the first time in over a century, establishing a clear framework for cases involving intentional destruction of evidence.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Start Shredding: The Ultimate Limitation Period Is About To Extinguish Claims

    The Limitations Act, 2002 ("Act") has been in force since January 1, 2004. However, section 15 of the Act, which establishes an ultimate limitation period of fifteen years, has not yet had any practical impact.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
WeirFoulds LLP
  • Article

    Starting The Clock: Discoverability And Limitation Periods

    In Nimish and Manjeet Gupta v. Amrit Pal Singh and Coldwell Banker Sun Realty Brokerage(2026), the Small Claims Court dismissed a Defendant’s Claim as statute-barred, reaffirming the principle...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Subpoena Issued For Political Objectives Quashed

    A subpoena is a court order, usually issued as a matter of course based on a lawyer's request, for a person to appear at a specified time and place to provide testimony in a court proceeding.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Supreme Court Affirms A Tribunal's "Right To Be (Really, Really) Wrong"

    By way of a five-four split decision, the Supreme Court of Canada judgment issued November 4, 2016 in City of Edmonton v. Edmonton East (Capilano) Shopping Centres Ltd., made those appeals that much tougher.
    CanadaLitigation, Mediation & Arbitration
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    Supreme Court Confirms Judges Can Conduct Hearings Outside Home Province

    National class actions raise a host of complicated jurisdictional issues. This is especially true when there are parallel class actions in multiple provinces.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Supreme Court Confirms: Judicial Review Cannot Be Legislated Away

    The Supreme Court of Canada has established that Parliament cannot prevent judicial review of administrative decisions, striking down a partial privative clause in the Conflict of Interest Act. This landmark ruling constitutionalizes the availability of judicial review for all exercises of public power, fundamentally reshaping the relationship between legislatures, administrative bodies, and courts. The decision clarifies that while legislatures may influence how courts review decisions, they cannot elimina
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Supreme Court Refines Ontario Litigation Rules: Aims For Lower Costs, More Accessible Civil Justice

    There is a prospect for faster, less expensive and more accessible justice for Ontario businesses and residents by virtue of a recent Supreme Court decision.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Surprising Decision On Specific Performance

    A discussion on obtaining specific performance of an agreement of purchase and sale for commercial property, in the light of the recent decision of the Superior Court of Ontario in 2329131 Ontario Inc. v. Carlyle Development Corporation.
    CanadaLitigation, Mediation & Arbitration
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Taking Justice Reform Seriously

    It is a summer of discontent for BC legal aid lawyers, a number of whom have threatened service withdrawal to protest underfunding.
    CanadaLitigation, Mediation & Arbitration
    Gall Legge Grant & Munroe LLP
    Gall Legge Grant & Munroe LLP
  • Article

    The Deemed Undertaking Rule In Ontario Litigation

    In television dramas, lawsuits often appear to move at an unrealistic pace, with a claim filed one day and the parties appearing in court the next.
    CanadaLitigation, Mediation & Arbitration
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    The Long Arm Of The Law Is Not That Long: Court Declines Jurisdiction Over Document Production By Foreign Non-Party

    In general, the BCSC's decision indicates a serious reservation to compel a non-resident who does not carry on business in B.C. to do something outside the province.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    The Personal Injury Bar's Worst Fear: Not Enough Evidence To Put Question To A Jury

    Recently, in Day v Haiderzadeh, the Ontario Superior Court of Justice reiterated settled law that evidence given in support of a potential question to be given to a jury cannot be based on pure speculation...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The SCC Leave Project: Predictions For July 25, 2024

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on July 25, 2024. Each week, we'll be providing a short blog post that summarizes some of the upcoming cases...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The Supreme Court Of Canada Affirms Mandatory Adverse Inference For Spoliation

    After more than a century, the Supreme Court of Canada has revisited the evidentiary doctrine of spoliation and the available remedies in SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation, 2026 SCC 29 (SS&C). The Court described spoliation as “the intentional destruction, alteration, mutilation or concealment of evidence with a view to subverting the truth-finding process during litigation”.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Privacy In Injunction Proceedings

    The plaintiff, Boisvert Marine Inc. (BMI), operates a wholesale business in leisure and sporting goods, specializing in the sale and repair of boats. The defendant, Dumas, is the general manager of BMI.
    CanadaPrivacy
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    How Should A Court Settle The Terms Of A Release In Contentious Settlements?

    Haider v Rizvi concerns parties involved in litigation that arose out of their Minutes of Settlement. Two outstanding elements of the settlement remained: the exchange of a full and final mutual...
    CanadaReal Estate and Construction
    Field Law
    Field Law
  • Article

    Not All Work Will Extend The Lien Period

    Contractors, subcontractors, suppliers and labourers in Alberta typically have only 60 days after completing the last work on a project to register a construction lien.
    CanadaReal Estate and Construction
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    CRA Settlement After A Reassessment: When Resolution Becomes Unstable

    A Tax Court case reveals how settlement agreements can become unstable when institutions attempt to modify terms after acceptance. The dispute centered on whether additional implementation terms could be added...
    CanadaTax
    Counter Tax Litigators LLP
    Counter Tax Litigators LLP
  • Article

    Appeal Court Confirms Class Action Plaintiffs Cannot Elect Disgorgement To Sidestep The Need For Evidence Of Loss

    The Ontario Divisional Court has upheld a lower court's decision denying class certification in a data privacy case against Facebook, establishing important boundaries for when disgorgement remedies can be pursued in breach of contract claims. The ruling addresses whether plaintiffs can strategically elect disgorgement to avoid proving compensable loss, and reinforces fundamental prerequisites for class action certification.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Showing 861–880 of 2040 results

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