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  • Article

    Notice For Frustrated Cross-Examiners

    All too often, affidavits for motions or applications are sworn by lawyers or law clerks based on information from others.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Nuff Said: Rejecting The Call For A Right Of Written Reply In Appellate Advocacy

    In a recent Court of Appeal for Ontario motion decision in Goberdahn v Knights of Columbus, 2023 ONCA 269, Justice Nordheimer dismissed a request for leave to file a five-page reply factum.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
Article

Ontario Civil Rules Review: Enforcement Reforms At A Glance

The proposal recognizes that winning a judgment should not be the easy part, while collecting on it is slow, costly, and uncertain.
CanadaLitigation, Mediation & Arbitration
Lerners LLP
Lerners LLP
  • Article

    Ontario Court Of Appeal Upholds Decision In Chippewas Of Saugeen First Nation Case

    In a recent ruling, the Ontario Court of Appeal upheld a lower court's decision in Chippewas of Saugeen First Nation v. South Bruce Peninsula (Town), [2024] O.J. No. 5607, a case that addresses key issues in the interpretation and application of Indigenous treaties.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Quantifying Discretion In Costs And Fee Approvals

    When a class action settles, a motion is brought to approve the settlement.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    "Sixties’ Scoop" Class Action Certified

    Between December 1, 1965 and December 31, 1984, Ontario welfare authorities, empowered by the Federal Crown, removed thousands of aboriginal children from their families and communities and placed them in non-aboriginal homes.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    SLAPPing Out "Gag Proceedings": Anti-SLAPP Legislation Comes Into Force In Ontario

    On November 3, 2015, the Protection of Public Participation Act, 2015 (the "PPPA") received Royal Assent and came into force.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Spring Safety Tips For Walkers, Riders And Drivers

    Spring has sprung and with the appearance of good weather comes an increase in foot and bicycle traffic along roadways.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Technological Innovation Brings Both Promise And Peril

    Over the course of my 30+ years as a personal injury lawyer, I have witnessed a sobering pattern: every new technology creates new ways for people to get injured.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    The Risk Of Self-Incrimination In Cross-Border Disputes: The Mutual Legal Assistance In Criminal Matters Act (527)

    In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 ("Clark"), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the "Act").
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    The Tail Won’t Wag The Dog: Ontario Court Of Appeal Declines Jurisdiction Over Securites Misrepresentation Case Outside Canada

    The Ontario Court of Appeal has called on judges to show restraint in assuming jurisdiction over securities trading on foreign exchanges, in its recent decision Kaynes v BP, PLC, 2014 ONCA 580
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Third Party Funding Approved To Protect Class Action Plaintiffs Against Adverse Costs

    In Bayens v. Kinross Gold Corporation, 2013 ONSC 49742, Justice Perell granted an unopposed motion to allow the use of third party litigation funding in an Ontario class action. Trustees of the Musician’s Fund of Canada brought a securities market misrepresentation claim against the Kinross Gold Corporation and its directors.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    What Defences May Apply To A Sexual Assault Claim? - Part 1

    This is the first of a two-part series on defences in claims for compensation based on sexual abuse.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    What Defences May Apply To A Sexual Assault Claim? – Part 1

    This is the first of a two part series on defences in claims for compensation based on sexual abuse.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    The Alarming Costs Of A Data Breach

    People have no trouble walking away from a business when they feel that their personal information isn't adequately protected.
    CanadaPrivacy
    Lerners LLP
    Lerners LLP
  • Article

    Better With Age: Purchasing A Property With A Legal Non-Conforming Use

    Properties with legal non‑conforming ("grandfathered") uses often come with unique considerations, particularly when municipal zoning shifts.
    CanadaReal Estate and Construction
    Lerners LLP
    Lerners LLP
  • Article

    Registering A Construction Lien Against Multiple Lots In A Subdivision

    The Ontario Construction Lien Act allows lien claimants to register a single construction lien against more than one lot or property in certain circumstances.
    CanadaReal Estate and Construction
    Lerners LLP
    Lerners LLP
  • Article

    Water Heater Rentals – Your Rights Under The Consumer Protection Act, 2002

    Purchasing a home is a big investment and involves many responsibilities.
    CanadaReal Estate and Construction
    Lerners LLP
    Lerners LLP
  • Article

    Ontario Court Of Appeal's Pivot On Property Tax Exemptions: Stamford Kiwanis

    Municipalities across Ontario should take note of a significant recent decision from the Ontario Court of Appeal that reshapes how tax exemptions for charitable...
    CanadaTax
    Lerners LLP
    Lerners LLP
  • Article

    Is It Illegal To Ride A Bike On The Sidewalk In Canada?

    While the answer to every legal question is not, in fact, "it depends," in this case, it does depend. There are no federal laws respecting bicycle use; however, for adults, the answer is no...
    CanadaTransport
    Lerners LLP
    Lerners LLP
  • Showing 561–580 of 1218 results

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