Mondaq Canada: Litigation, Mediation & Arbitration
McMillan LLP
The recent Supreme Court of Canada decision in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall holds that judges have no business second-guessing decisions made by private voluntary associations through judicial review.
Norton Rose Fulbright Canada LLP
Just as it appeared our Court of Appeal had clarified the test for summary judgment, several recent and seemingly incongruous decisions may have just taken us a step back.
Dentons
We recently wrote about a case of the Divisional Court of Ontario, The Conservative Party of Canada v Trost, 2018 ONSC 2733, in which the Court ...
Borden Ladner Gervais LLP
In its recent decision in Haaretz.com v. Goldhar, the Supreme Court of Canada has addressed the difficult question of which law should govern claims for internet defamation.
Norton Rose Fulbright Canada LLP
In the highly anticipated Haaretz.com v Goldhar decision, the Supreme Court of Canada split five ways in its approach to grappling with multijurisdictional claims of internet-based defamation.
Borden Ladner Gervais LLP
In Pet Valu Canada Inc. v. Rodger, Justice Nishikawa of the Ontario Superior Court of Justice granted summary judgment against the former owner of a franchisee in the amount of $1.7 million.
Borden Ladner Gervais LLP
In the recent decision of Martin v. Barrie (City), 2018 ONCA 499, the Court of Appeal upheld the trial judge's decision confirming that the standard of care of an occupier pursuant to s. 3...
Miller Thomson LLP
It is undeniable that social media has transformed the way individuals interact with one another. In 2018, 64% of Canadians had a social media profile, 50% of whom were registered on more than one social media site.
Osler, Hoskin & Harcourt LLP
It is not every day in a class action that the Superior Court renders a decision on the merits of the case. Yet, not only is this the situation in Charland v. Hydro-Québec ...
Strigberger Brown Armstrong LLP
At the end of the seven-day trial in Belleville, the parties could not agree on costs.
Aitken Klee
Seedlings Life Science Ventures LLC v. Pfizer Canada Inc., 2018 FC 443 is the second decision (following Live Face on Web, LLC v. Soldan Fence and Metals (2009) Ltd.) ...
Langlois lawyers, LLP
Mandatory interlocutory injunctions are orders that force a party to take positive action prior to trial. When granted, they can drastically alter the course of ongoing litigation.
Lawson Lundell LLP
The court dismissed several of the allegations on a preliminary basis because the pleadings failed to provide sufficient particulars.
Blaney McMurtry LLP
Following are summaries of this week's civil decisions of the Ontario Court of Appeal.
Blake, Cassels & Graydon LLP
On June 6, 2018, the Supreme Court of Canada (SCC) addressed the challenging issue of jurisdiction and the internet in Haaretz.com v. Goldhar (Haaretz) ...
Borden Ladner Gervais LLP
In Tremblay v. Ottawa (Police Services Board), 2018 ONCA 497, the Ontario Court of Appeal overturned the trial decision of Aitkin J. finding the Ottawa Police Service Board ("OPSB") liable...
Norton Rose Fulbright Canada LLP
On June 1, the Supreme Court of Canada released its long-awaited judgment in Groia v Law Society of Upper Canada.
Strigberger Brown Armstrong LLP
The plaintiff's claim relates to a slip and fall that occurred, in a washroom, at Casino Rama on February 16, 2015.
Borden Ladner Gervais LLP
In Mega International Commercial Bank (Canada) v. Yung, the Court of Appeal for Ontario has recently clarified the operation of certain provisions of the Ontario Limitations Act, 2002.
Fasken
On May 15, 2018, the Protection of Public Participation Act (Bill 32) was introduced in the British Columbia legislature. Bill 32 is what is often referred to as anti-strategic lawsuit against public participation legislation.
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Stewart McKelvey
The Grievor suffered from osteoarthritis and Crohn's Disease.
Blaney McMurtry LLP
In Atos IT Solutions v Sapient Canada Inc., the Court confirmed that the "minimum performance principle" places a common law limit on expectation damages for breach of contract.
CCPartners
On August 1, 2018, the government's plan to legalize recreational marijuana will come into effect and employers will be faced with questions about how to manage cannabis in the workplace ...
Miller Thomson LLP
In May 2017, the Court of Appeal for Ontario ruled on the rarely heard matter of the scope of a release of claims.[1] Specifically, it touched on how settlement releases should be interpreted ...
Blaney McMurtry LLP
In a case that has received much media and judicial attention, Yaiguaje v Chevron Corporation, it appears that the Court has finally put an end to the matter.
McInnes Cooper
As the target date for the legalization of recreational cannabis in Canada draws near, employers are feeling the heat to prepare for the workplace implications of recreational cannabis use.
Blaney McMurtry LLP
Following are summaries of this week's civil decisions of the Ontario Court of Appeal.
Goodmans LLP
Today, in Rankin (Rankin's Garage & Sales) v JJ, the Supreme Court of Canada (SCC) overturned an Ontario Court of Appeal decision which found that an owner of a commercial car garage owed a duty of care to a teenager who was injured after he and his friend stole a vehicle from the garage and went on a joyride
Miller Thomson LLP
The courts of appeal of British Columbia and Alberta have recently released decisions dealing with the effect of discretion and privilege clauses often used by owners in calls for competitive bids.
Lerners
In this case, a title insurer sought to avoid coverage for a mortgage fraud on the basis of a provision that excluded coverage for funds paid to any person other than the registered title holder.
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