Mondaq Canada: Litigation, Mediation & Arbitration
Fogler, Rubinoff LLP
A decision delivered on March 4, 2019 by the Québec Court of Appeal in 9147-0732 Québec Inc. v. Director of Criminal and Penal Prosecutions (2019) QCCA373 (CANLII) ...
Norton Rose Fulbright Canada LLP
The drivers also claimed $400 million in damages.
McCarthy Tétrault LLP
In FCA Canada Inc. v. Reid-Lamontagne, 2019 ONSC 364, Justice Spies of the Ontario Superior Court of Justice provided a helpful overview of the current state of the law in Canada with respect to three core aspects of judicial intervention in an arbitration award.
Gluckstein Personal Injury Lawyers
When you or a loved one experiences a negative outcome following medical care, often, the last thing you are thinking about is a lawsuit. Unfortunately, the law does not allow unlimited time
McCarthy Tétrault LLP
Since the reform of the Code of Civil Procedure of Quebec, which came into force in January 2016, the courts can impose joint expert evidence in some circumstances.
Langlois lawyers, LLP
On February 28, 2019, the Supreme Court of Canada upheld the Quebec Court of Appeal's decision solidarily ordering a lawyer ...
Davies Ward Phillips & Vineberg
The British Columbia Court of Appeal affirmed the decision of the lower court.
Miller Thomson LLP
Options available if you have been wrongfully named in a construction lawsuit
Norton Rose Fulbright Canada LLP
The Quebec courts then addressed the issue of the Utah court's jurisdiction over Barer.
Norton Rose Fulbright Canada LLP
The judge therefore focuses on the chance itself, and compensates in accordance with its degree of probability.
McCarthy Tétrault LLP
In Chu v. Parwell Investments Inc. et al, 2019 ONSC 700, released on February 15, 2019, Belobaba J. places front and center the growing importance of class counsel fees in carriage motions.
Scott Venturo Rudakoff LLP
The number of self-represented litigants is on the rise in Canada. Data collected by the National Self-Represented Litigants Project in 2017 indicates that approximately 70% of SRLs are plaintiffs or petitioners ...
Borden Ladner Gervais LLP
In Welsh v. Ontario, Justices Sharpe, Juriansz and Roberts of the Ontario Court of Appeal granted the appeal of the representative plaintiffs in a class action and set aside the decision of the lower court judge that had approved payment of class counsel's fees on condition that class counsel donate a portion of those fees to charity.
McCarthy Tétrault LLP
The Alberta Court of Queen's Bench recently struck a proposed class proceeding as an abuse of process, refused to allow the proposed representative plaintiff (a non-lawyer) to represent the proposed class...
Field LLP
Where a plaintiff's vehicle is damaged to the point of becoming a constructive total loss due to a defendant's negligence,
Lindsay Kenney LLP
In Genesis Fertility Centre Inc. v. Yuzpe, 2019 BCSC 233, the Supreme Court of British Columbia reviewed the law on fiduciary duties and the appropriate remedies when such claims are made out.
Miller Thomson LLP
Tout récemment, la Cour supérieure du Québec a souligné l'importance pour les corps publics, en raison de leurs statuts et de leurs missions,
Smart & Biggar/Fetherstonhaugh
For complete details about these proceedings, click here.
McCarthy Tétrault LLP
n January 30, 2019, Justice Prévost of the Superior Court of Quebec dismissed an application for authorization to institute a class action in Benamor v. Air Canada, 2019 QCCS 208...
Borden Ladner Gervais LLP
On January 1, 2019, an amendment to the Alberta Provincial Court Act, RSA 2000, c P-31 (the "Act") came into effect which provides the Lieutenant Governor in Council the authority
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Blaney McMurtry LLP
Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for failure to comply with disclosure order)
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.
McCarthy Tétrault LLP
Late last week, the NYAG filed a law suit in the Supreme Court of the State of New York against Exxon alleging that Exxon violated, among other things, the securities fraud provisions of a 1921 New York statute...
Clark Wilson LLP
The case of Gully v Gully, 2018 BCSC 1590 provides useful insight on a peril of putting property into joint tenancy. The decision illustrates the importance of considering the financial status...
Gardiner Roberts LLP
The Government of Canada is seeking to amend its current policy on debarment (consultation administering Canada's expanded "integrity regime").
Gowling WLG
On October 23, 2018, the Government of Canada announced the next steps in its climate action plan and reaffirmed its commitment to apply a federal carbon pricing system (the "Federal Backstop")...
Osler, Hoskin & Harcourt LLP
International Arbitration Comparative Guide for the jurisdiction of Canada, check out our comparative guides section to compare across multiple countries
Blake, Cassels & Graydon LLP
The recent decision of Intergulf Investment Corporation v. 0954704 B.C. Ltd. from the British Columbia Court of Appeal (Court of Appeal) serves as a reminder to buyers and sellers of real estate,
WeirFoulds LLP
Effective February 1, 2019, the Ontario Superior Court of Justice will implement the Provincial Civil Case Management Pilot – One Judge Model (the "Pilot").
Bennett Jones LLP
No. Nothing precludes a civil proceeding from progressing in parallel with, or in advance of, criminal proceedings concerning the same subject matter.
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