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  • Article

    Concerns Over The Effectiveness Of Safeguards Designed To Prevent Evidence From One Proceeding Being Used Against The Witness In Another

    The concerns about the effectiveness of protective orders raised in Catalyst Fund General Partner I Inc. v Hollinger Inc.,...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Divisional Court Applies Supreme Court’s Guidance On Preferability And Certifies Claim Against Religious Boarding School

    In Cavanaugh v. Grenville Christian College ("Cavanaugh"), a group of former students from an Anglican boarding school have alleged that they were subjected to systemic physical and psychological abuse to promote and indoctrinate them into the teachings and practices of the Community of Jesus.
    CanadaLitigation, Mediation & Arbitration
Lerners LLP
Lerners LLP
  • Article

    Expert Advice Series: "Ghost Writing" In Expert Reports, Who Prepared Your Expert's Report?

    While retaining experts is commonplace in civil litigation, counsel are not always aware of who the expert has worked with, behind the scenes, to compile research or prepare analyses...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    First Use of the Multijurisdictional Class Action Protocol in a Settlement

    Osmun v. Cadbury Adams Canada Inc., 2012 ONSC 3837, marks the first use of Canada’s Multijurisdictional Class Action Protocol.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Fraud On The Market: Alive and Well After Halliburton v. Erica P. John Fund

    In a much-anticipated case that slightly modified one of the most important doctrines in American securities law, the United States (U.S.) Supreme Court has determined to keep the "fraud on the market" theory of reliance in U.S. securities misrepresentation cases.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Have An Agreement? Get It In Writing.

    As the title says, a recent decision by the Ontario Court of Appeal came with a simple and straightforward message.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Judicial Restraint Is Alive And Well: ONCA Affirms The Limits Of Applications To Set Aside Arbitral Awards In Clayton V Canada

    Last month, the Court of Appeal for Ontario released its decision in Clayton v Canada, 2024 ONCA 581, upholding the dismissal of an application to set aside a NAFTA arbitration award.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Legal Update: Employer's Duty To Investigate Sexual Harassment Claims

    S.E. v. 2474489 Ontario Inc. (o/a Opa! Souvlaki) - A Cautionary Tale for Employers
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Lip Gloss, Pocket Sandwiches, And Lessons In Resilience: My Experience At The Women In Litigation Symposium

    Lip gloss, pocket sandwiches, and resilience are three things I never imagined would define a litigation symposium, but they did. As an articling student attending my first Advocates Society event...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    May Is Motorcycle Safety Awareness Month: A Lawyer's Perspective

    In Ontario, few communities feel the pulse of motorcycle culture like Port Dover — especially on a Friday the 13th.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Navigating Estate Disputes: Lessons From Beirat V Khiyal On Standing And Unjust Enrichment

    Estate disputes often present a labyrinth of legal challenges, especially when multiple parties assert competing interests over estate assets. The Ontario Court of Appeal's recent decision in Beirat v Khiyal, 2024 ONCA 790...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Novel Claim For Breach Of Good Faith And Fair Dealing In The Insurance Relationship Allowed To Proceed

    The Court of Appeal’s decision in Kang v. Sun Life Assurance Company of Canada, 2013 ONCA 118 upheld a plaintiff’s right to advance any and all valid causes of action available to a class, including novel claims.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    The License Appeal Tribunal And The Future Of Car Insurance Disputes

    One of the safeguards in place for those who have suffered personal injuries in car accidents and who have been wrongly denied a benefit is the ability to file a claim in the Ontario courts against their insurance company.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    The Risk Of Self-Incrimination In Cross-Border Disputes: The Use Of Canadian Discovery Evidence In United States Criminal/Regulatory Proceedings – Part II

    Royal Trust Corporation of Canada v. Fisherman ("Royal Trust"), a decision of the Ontario Superior Court, is another example of a court addressing the risk that discovery evidence could be used against a defendant in a Canadian action, who is also a defendant in United States ("U.S.") criminal proceedings.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Video

    Top 5 Civil Appeals From The Court Of Appeal (July 2014 - Video Companion)

    Top 5 Civil Appeals From The Court Of Appeal (July 2014 - Video Companion)
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Trying Times For Civil Trials

    It is no secret that in terms of the public's ability to predictably have their private civil disputes tried in court, the covid-19 pandemic was the straw that broke the camel's back.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Waiver Of Tort - So Long, It's Been Nice To Know You?

    In O'Brien v. Bard Canada Inc., 2015 ONSC 2470 ("Bard"), Justice Perell refused to certify the plaintiffs' claim for waiver of tort.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Who Is Entitled to Unclaimed Trust Funds in a Class Action?

    In Canadian Red Cross Society (Re), 2012 ONSC 7124, the court was asked to determine who should receive the unclaimed trust funds of a class action settlement.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Young Age Impacts Credibility And Reliability Assessments In Historical Sexual Abuse Claims

    When assessing a witness' credibility and reliability in a historical claim, consideration must be given to a witness' age at the time of the events and to the passage of time since then.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Bill 194, Part I: FIPPA Amendments

    The privacy legislation currently governing the public sector in Ontario, the Freedom of Information and Protection of Privacy Act (FIPPA)...
    CanadaPrivacy
    Lerners LLP
    Lerners LLP
  • Showing 501–520 of 1218 results

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