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  • Article

    Electronic Trials

    The increasing use of electronic trials has prompted a discussion surrounding the advantages of this technology-driven change. What are some of the key considerations that should be examined around e-trials?
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Murphy C. Grid Solutions Canada: A Quebec's Motion To Dismiss Is Not Intended To Replace The Trial

    Recently, WeirFoulds Associate Marie-Pier Nadeau and local counsel successfully opposed a motion seeking the dismissal of our clients' claim for abuse of procedure in Murphy c. Grid Solutions Canada, 2019 QCCS 563.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
WeirFoulds LLP
  • Article

    Supreme Court Of Canada Refuses To Recognize A New Duty Of Care

    In the recent case Design Services Ltd. v. Canada, 2008 SCC 22 the Supreme Court of Canada considered a critical issue in the law of tendering: Does an owner owe a duty of care in tort to the subcontractors, architects and consultants of an unsuccessful bidder?
    CanadaReal Estate and Construction
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Disengaging Assets Subject To A CCAA Proceeding

    This 2019 decision of the British Columbia Court of Appeal was the third in a trio of appeals regarding the topic of disengaging assets owned by insolvent entities subject...
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    How To Defend Against Assault Charges: What You Need To Know

    Facing assault charges in Ontario can be a daunting and life-altering experience.
    CanadaCriminal Law
    Rashidy & Associates
    Rashidy & Associates
  • Article

    A Decision Not To Rehire Is Not Necessarily Discriminatory

    The Quebec Court of Appeal recently confirmed that an employer’s decision not to consider the application of a former employee who had been dismissed following excessive absenteeism due to alcoholism was not discriminatory, even if the former employee had been sober since his dismissal.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    The Exclusion Of Evidence In Arbitration Proceedings In Quebec

    One of the fundamental changes made to the law of evidence in Quebec when the new Civil Code came into force in 1994 was the introduction of article 2858 of the Civil Code of Quebec.
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
  • Article

    The Health Services Appeal and Review Board Confirms that a Community Care Access Centres’ (CCACS’) Decision to Reduce the Level of Personal Support Services is Consistent with "The Home Care and Community Services Act 1994".

    Borden Ladner Gervais LLP (BLG) recently represented a CCAC in a noteworthy appeal before the Health Services Appeal and Review Board (HSARB).
    CanadaFood, Drugs, Healthcare, Life Sciences
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Coulda, Shoulda? The SCC Expands The Abuse Of Process Doctrine In Behn v. Moulton Contracting Ltd.

    In a recent case, the Supreme Court of Canada expanded the doctrine of abuse of process to preclude parties which employed self-help remedies from raising as a defence various arguments which could and should have been advanced by commencing formal legal proceedings instead of taking self-help steps.
    CanadaGovernment, Public Sector
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    CanaSea Group: Full And Fair Disclosure Required In Ex Parte CCAA Applications

    Applicants who seek ex parte relief under the Companies’ Creditors Arrangement Act (CCAA) have an obligation to make full and fair disclosure of all material facts to the court.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Equipment Lessors vs. Insolvent Lessees: The Battle Over The Stay

    Timothy Dunn of Blaneys recently secured a key win for equipment lessors navigating insolvency proceedings.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Iannarella v. Corbett – The Master Class In Handling Surveillance In Litigation And At Trial

    Insurance litigators will be interested in the recent Court of Appeal decision in Iannarella v. Corbett.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    The Insured’s Duty To Disclose And The Impact Of The Questionnaire When Concluding A Contract Of Insurance

    In Insurance Law, there is a principle by which the conclusion of a contract of insurance is based upon the utmost good faith of the parties. Therefore, under this principle, the insured must, when he applies for insurance coverage, fully disclose all material information to the insurer so that the latter is in a position to correctly assess the risk and establish an adequate insurance premium.
    CanadaInsurance
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    French Fry Wars: FCA Affirms Deferential Claim Construction In McCain v. Simplot

    The Federal Court of Appeal upheld a lower court's narrow interpretation of "high electric field" in a patent dispute between frozen French fry competitors, finding that the patent...
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Inadvertent Lapse Of Patent Rights In Canada

    On September 9, 2008, Canada’s Federal Court of Appeal rendered a decision in a closely watched case concerning the inadvertent lapse of patent rights.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Legal Technology

    A discussion on a decision relating on a motion to compel answers to undertakings in a home renovation case, where it was asknowledged that there was no formal discovery plan and no agreed upon deadline for answering undertakings.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    A Decision On The Merits: Alberta Court Provides Valuable Insight On Class Certification

    In Warner v. Smith & Nephew Inc. (Warner), a recent decision of the Court of Queen's Bench of Alberta, Justice G.H. Poelman gave guidance on the class certification process and the extent to which the court will evaluate the merits of a class action at the class certification stage.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Alberta Court Grants Six-Month Injunction Against Lubicon Blockade

    On December 16, 2013, the Alberta Court of Queen’s Bench granted a six-month injunction in favour of Penn West Petroleum Ltd.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    "But I'm A Lawyer…" Supreme Court Of Canada Clarifies Mental Element Necessary For Contempt

    Mr. Carey was counsel for Mr. Sabourin and his companies in a case involving offshore investments that had gone poorly.
    CanadaLitigation, Mediation & Arbitration
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Calling All Small Claims: British Columbia's Civil Resolution Tribunal Looks To Take On Low-Value Small Claims Disputes

    The Civil Resolution Tribunal (the "CRT") is a unique online forum to address disputes in British Columbia. The CRT first began hearing strata disputes in July 2016 and is now poised to implement its second phase by introducing small claims disputes up to $5,000 beginning on June 1, 2017.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Showing 881–900 of 2040 results

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