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  • Article

    B.C. Court Of Appeal Weighs In On Legal Representation In CRT Proceedings

    A recent Court of Appeal decision, The Owners, Strata Plan NW 2572 v. Booth, 2020 BCCA 153 ("Booth") illuminates the tension between the exclusive jurisdiction of British Columbia's ...
    CanadaLitigation, Mediation & Arbitration
    Richards Buell Sutton LLP
    Richards Buell Sutton LLP
  • Article

    BC Court Takes Laissez-Faire Approach To Counsel's Involvement With Expert Reports Compared To Ontario

    The opinions of expert witnesses play an important role in the litigation process. A well drafted report can make the difference in the outcome of the litigation.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
McMillan LLP
  • Article

    Bill 161 Is Now Law - Ontario Government Enacts Major Changes To Class Proceedings Act

    On July 8, 2020, the Ontario Government enacted major changes to the Class Proceedings Act, 1992 (the "CPA") when the Lieutenant Governor gave Royal Assent to Bill 161...
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    British Columbia Court Of Appeal, Constitutional Limits, Multi-Jurisdictional Matters, Sit Outside Province

    The British Columbia Court of Appeal has held that constitutional limits prevent a superior court judge from sitting outside of his own province.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Challenges With Opinions From Treatment Providers

    All treatment providers must now strictly comply with expert report rules before been able to provide opinion evidence at trial.
    CanadaLitigation, Mediation & Arbitration
    Thomson, Rogers
    Thomson, Rogers
  • Article

    Counsel’s Threat Of Civil Proceedings Results In Mistrial Of Criminal Conviction Against Frank Stronach (R. V. Stronach No.5)

    After a trial in 2026, Frank Stronach was found guilty of two sexual offence charges for incidents that had occurred some 40 years earlier. Following the conviction, but before sentencing, one of the complainants had a civil lawyer write to Mr. Stronach’s criminal lawyer to threaten a civil claim for damages of almost $1 million
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Early Highlights From The Ontario Court's "Urgent-Only" Regime

    Following just over a week of remote working with many businesses and schools closed, many of us are looking back at just how much has changed.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Federal Court Extends Suspension Period And Expands Use Of Virtual Hearings

    The Suspension Period—which was set to expire on May 15, 2020—has been extended to May 29, 2020.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Flexibility In The Limitation Period

    The Limitations Act, 2002[1] ("the Act") prescribed the time limit to commence a legal proceeding at two years after the day the claim was discovered, barring any exceptions outlined in the Act.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Guidance From The Bench On How (And How Not) To Litigate In The Era Of Zoom

    The COVID-19 pandemic has had a dramatic, and will no doubt have a lasting, impact on the conduct of litigation in Canada. Along with addressing procedural complexities...
    CanadaLitigation, Mediation & Arbitration
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    In Summary: It's Still A Balance Of Probabilities

    On February 6, 2019, the Alberta Court of Appeal released the Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. 2019 ABCA 49 ("Weir-Jones") decision.
    CanadaLitigation, Mediation & Arbitration
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    It's All Peakhill From Here: Appellate Confirmation Of Courts' Jurisdiction To Grant Reverse Vesting Orders In Receivership Proceedings

    On July 2, 2024, the Court of Appeal for British Columbia (the "Court") released its highly anticipated decision in British Columbia v. Peakhill Capital Inc., 2024 BCCA 246 ("Peakhill")...
    CanadaLitigation, Mediation & Arbitration
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Lawyer Who Is Necessary Witness At Trial Removed From The Record (Bahrami V. Jagtoo)

    Canadian law recognizes the fundamental importance of a litigant’s right to counsel of their choice and the principle that a litigant should not be deprived of their choice of counsel, absent good cause.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Let Me See You 1, 2 Step: The Federal Court Of Appeal Affirms The "Two-Step" Approach To The Common Issues Requirement

    A few years after the Supreme Court of Canada released Hollick v Toronto (City), which provided a detailed articulation of the common issues requirement under s. 5(1)(c) of the Class Proceedings Act, 1992...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Moore v Getahun: No Wall Of Silence Between Experts And Counsel

    An important decision of the Ontario Court of Appeal was released on January 29, 2015 overturning a trial decision which was critical of consultations between counsel and expert witnesses in preparing their reports.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Mujagic v. Kamps: Change In Jurisprudence Not A "Fact Arising" After A Decision Permitting Reconsideration

    The case emerged from a car accident. A jury found the Defendant 30% responsible for the accident, but awarded the Plaintiff zero damages.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    One Arbitration Binds The Next: Alberta Court Of Appeal Says Res Judicata Applies To Arbitrations

    The doctrines of res judicata and issue estoppel can, as a matter of law, apply to subsequent arbitration proceedings, the Alberta Court of Appeal recently held...
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Ontario Court Of Appeal Clarifies Test For When Action May Be Restored To The Trial List

    In its unanimous decision in Carioca's Import & Export Inc. v. Canadian Pacific Railway Ltd., the Ontario Court of Appeal overturned the motion judge's decision...
    CanadaLitigation, Mediation & Arbitration
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Ontario Court Of Appeal Weighs In On The Bounds Of Solicitor-client Privilege

    The Ontario Court of Appeal has ruled on the protection of lawyers' trust ledgers under solicitor-client privilege, addressing whether these financial records can be compelled in civil fraud proceedings. The decision examines the scope of the crime-fraud exception to privilege and whether it applies beyond criminal cases to civil matters involving allegations of fraudulent conduct and breach of court orders.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Open Courts In The Digital Era: Contextualizing The Toronto Star's Legal Challenge To Alleged Tribunal Secrecy

    In recent weeks, the Toronto Star has embarked on a legal challenge against what it describes as "blanket secrecy" within Ontario's administrative tribunal system.
    CanadaLitigation, Mediation & Arbitration
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Showing 961–980 of 2040 results

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