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Recent Federal Court of Appeal jurisprudence demonstrates that unsuccessful tax litigants must generally pay the government's legal costs regardless of financial difficulties, while successful litigants may still face cost awards due to procedural rules. Understanding the discretionary nature of cost awards in Tax Court of Canada proceedings is critical, as variables ranging from settlement offers to case complexity can significantly impact who pays legal bills.

Anti-SLAPP motions are a useful tool for obtaining the early dismissal of an action that arises from an expression on a matter of public interest.

The Ontario Court of Appeal has affirmed the "business judgment rule" in the context of management’s financial forecasts in an IPO prospectus. In Kerr v. Danier Leather Inc., the Court found that a forecast made by senior management is an exercise in business judgment and that courts should not second-guess management’s opinions as long as they fall within a "range of reasonableness".

In what may be the final chapter of a very long and protracted legal proceeding, the British Columbia Court of Appeal recently issued its decision in Poole v Lombard General Insurance.

The Respondent insurer had retained a psychologist to conduct an insurer examination of the Applicant. While the Respondent produced some records from the psychologist’s office...

The British Columbia Court of Appeal examines how courts should assess negative contingency deductions when plaintiffs have pre-existing health conditions, establishing critical evidentiary standards for reducing damages based on psychological vulnerability. This decision clarifies the burden defendants must meet to justify substantial reductions in personal injury awards and distinguishes between proving a contingency exists versus quantifying its likelihood.

In 2015 in White Burgess Langille Inman v Abbott and Halibuton Co., 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility ...

This decision was upheld by the Quebec Court of Appeal and the Supreme Court of Canada.

Québec’s legal warranty regime imposes strict obligations on professional sellers, largely owing to the presumptions set out in article 1729 of the Civil Code of Québec (C.C.Q.).

If you were hit by a car as a pedestrian in Ontario, you may be dealing with pain, medical appointments, missed work, insurance forms, and questions about what to do next. The most important steps are to get medical attention, report the collision, obtain the driver’s insurance information, apply for accident benefits, follow your treatment plan, and speak with a personal injury lawyer if your injuries are serious.

Section 133(b) of Ontario’s Courts of Justice Act states that leave to appeal is required "where the appeal is only as to costs that are in the discretion of the court that made the order for costs."

The Supreme Court of Canada has established a comprehensive three-part framework for recognizing novel torts in Canadian law.

Recreational sports are an integral part of Canadian culture. At all ages, Canadians participate in sports to stay active, have fun, and release stress.

In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those proceedings.

A Superior Court judgment is upheld by the Court of Appeal. The unsuccessful party moves to re-open the case and introduce new evidence in light of having discovered new facts.

How difficult is it to obtain leave to appeal a costs order? Two recent decisions from the Ontario Divisional Court show that it is very difficult indeed.

Starting a lawsuit can be unpleasant, costly, and time-consuming. The legal system is not intended for self-represented parties, but sometimes people have no choice but to represent themselves.