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  • Article

    CRA Information Requests - Shopify 2

    The Federal Court has dismissed a Canada Revenue Agency application for an unnamed persons requirement directed at Shopify, finding that the target group was not sufficiently ascertainable due to ambiguity around persons "associated with" merchant accounts.
    CanadaTax
    Millar Kreklewetz
    Millar Kreklewetz
  • Article

    Factum Containing Fake Case Law Likely Generated By AI Submitted In Ontario Litigation (Ko v. Li)

    ChatGPT and other generative AI (artificial intelligence) platforms have the potential to provide litigants with an efficient tool to research and understand the legal concepts and governing authorities...
    CanadaTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP
Article

Lawyer Ordered To Pay Costs For Citing Fake Cases In Court Material (Zhang v. Chen)

"The risks of using ChatGPT and other similar tools for legal purposes was recently quantified in a January 2024 study: Matthew Dahl et. al, "Large Legal Fictions...
CanadaTechnology
Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Cleared For Disclosure: Confidentiality Of Air Passenger Complaints Filed With The Canadian Transportation Agency

    A recent Ontario Superior Court decision has struck down blanket confidentiality rules governing Canada's air passenger complaint resolution process, finding they violate constitutional freedom of expression. The ruling distinguishes between protected mediation communications and adjudicative records, requiring that decisions and orders issued by Complaint Resolution Officers be made public.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Liability for Air Navigation and Airport Service Charges

    Aircraft lessors and financiers may be held liable for Canadian air navigation and airport service charges incurred by airlines operating the aircraft as a result of a recent decision by the Supreme Court of Canada.
    CanadaTransport
    McMillan LLP
    McMillan LLP
  • Article

    Expert Testimony In Environmental Claims: Participant Vs Litigation Experts

    The Ontario Court of Appeal has recently discussed the drafting of expert reports and the nature of expert testimony (respectively in Moore v Getahun, 2015 ONCA 55 (CanLII) and Westerhof v Gee, 2015 ONCA 206 (CanLII)).
    CanadaEnvironment
    Miller Thomson
    Miller Thomson
  • Article

    Termination Of Enduring Power Of Attorneys

    An enduring power of attorney survives a grantor's incapacity and is often employed specifically for after a loss of the grantor's capacity.
    CanadaFamily and Matrimonial
    McKercher LLP
    McKercher LLP
  • Article

    Grand Financial Management Inc. v. Solemio Transportation Inc.: When New Issues May – And May Not – Be Raised On Appeal

    The trial judge awarded the plaintiff ("Grand Financial") $200,000 in damages for sums allegedly owing to it under an agreement.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Mandatory Mediation Under The Ontario Mandatory Mediation Program And Section 258.6(1) Of The Insurance Act, And Non-Compliance

    Mediation is the process of negotiating between two parties in a dispute in the presence of an independent neutral third party, known as the mediator.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    The SCC Leave Project: Predictions For August 31, 2023

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on August 31, 2023.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Victoire en appel – Confirmation du droit aux soins vitaux d'affirmation de genre pour les personnes non binaires en Ontario

    Canada, le 30 mai 2024 – Le combat de plusieurs années d'une personne non binaire pour avoir droit à une chirurgie d'affirmation de genre reconnue comme nécessaire sur le plan médical permettra...
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Decisions May Pave Way For Challenge Of ERCB Licences

    For the second time in recent months, the Alberta Court of Appeal has granted leave to appeal an ERCB decision to landowners who faced relatively light scrutiny of the merits of their case.
    CanadaEnergy and Natural Resources
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Attorney General Of Canada Fails To Land Knockout Punch Against Application On Climate Change (Maltais v. Minister Of Environment)

    Although there is debate about whether the world is suffering from climate change, according to a 2024 United Nations survey, 80 percent of people worldwide want their country to do more about it. Based on measurements of the world’s glaciers, there is certainly scientific evidence that they have receded each year for the past 37 years and that they are melting faster than ever.
    CanadaEnvironment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Confirms Jurisdiction To Grant Liability Shields For Court Officers For Distributions

    In One Bloor West Toronto Group (The One) Inc. (Re), 2026 ONSC 1854 (“One Bloor West”) the Ontario Superior Court of Justice helpfully confirmed the jurisdictional basis for...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Independent Obligations Endure: CCAA Releases Don’t Extinguish Surety Indemnity Claims

    The Supreme Court of Newfoundland and Labrador examined whether releases granted in CCAA proceedings automatically extinguish personal indemnity obligations, addressing the scope of director and officer releases in insolvency restructurings.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Expert Witness Immunity: No, You Cannot Sue Your Own Expert For Negligence!

    The absolute immunity of parties and witnesses from subsequent liability for their testimony in judicial proceedings developed in early English cases and is well established at common law.
    CanadaInsurance
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Recent Patent Cases

    The Federal Court of Appeal has recently released two decisions that will be instructive for many patent owners. In Calgon Carbon Corporation v. The Corporation of the City of North Bay, the Federal Court of Appeal, overturning the judgment of the motions judge, confirmed the patentability of a newly discovered use of an old method, so long as the new use has a practical application. In the second case, F. Hoffman-La Roche AG v. Canada (Commissioner of Patents), the Federal Court of Appeal uphel
    CanadaIntellectual Property
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    2015 Theme #2: Costs Battles And Class Counsel Fees

    Costs and class counsel fees shape the commencement, prosecution and settlement of class proceedings.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Arbitration Case-Law Update: Q1 2023

    In late 2022, the Supreme Court of Canada (SCC) released its decision in Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41, which concerned the enforceability of arbitration agreements in a receivership proceeding.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    B.C. Court Confirms Plaintiffs Must Provide Workable Causation Methodology To Certify Product Liability Class Proceedings

    The British Columbia Court of Appeal clarified the evidentiary threshold plaintiffs must satisfy at the certification stage in the context of product liability class actions.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Showing 941–960 of 2040 results

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