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The Final Report: LCO Recommendations For Class Actions In Ontario
On July 17, 2019, the Law Commission of Ontario ("LCO") released its final report recommending changes to Ontario's class action legislation and practice (the "Report").
30 Jul 2019
The Basics: What Does "Without Prejudice" Mean And When Do I Need To Use It?
What does it mean if a letter or email you receive is marked "without prejudice" (WP) or if the other party to the dispute proposes a without prejudice discussion?
8 Jul 2019
The Basics: What Documents Must Be Disclosed To An Opponent In A Dispute?
One of the distinguishing features of litigation in England and Wales is the process of disclosure, whereby the parties to a claim must identify and make available to each other documents that help their own case...
21 Jun 2019
The Basics: Are There Any Steps I Need To Take Before Issuing A Claim?
What are the pre-action steps you need to consider before issuing a court claim and why does it matter?
25 Jan 2019
Third Party Funding: A Short-Term Fad Or A Long-Term Trend That Is Here To Stay?
What is third party funding of litigation? At its most basic, it used to be the giving of money for a "piece of the pie". In exchange for advancing funds, the third party, who had no interest in the litigation, would receive a percentage of the award/judgment or some other payment as agreed.
9 Nov 2018
A Return To Intervenor Funding? The Impact Of CNH Canada Ltd v Chesterman Farm Equipment Ltd
The recent decision of the Court of Appeal for Ontario in CNH Canada Ltd v Chesterman Farm Equipment Ltd, 2018 ONCA 637 has the potential to significantly change the scope and frequency of costs awards ...
5 Oct 2018
Short But Mighty…?
The Shorter Trials Scheme (ST") is one of a raft of measures designed to improve the customer experience of civil justice.
15 Aug 2018
Finance Litigation: The Latest Cases And Issues In February 2018
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry
28 Feb 2018
Our Next Supreme Court Of Canada Judge
The door is open if you are from west of Ontario or from the three territories, with the custom of regional representation firmly entrenched after some uncertainty before Justice Rowe's appointment in 2016.
4 Aug 2017
Court Orders Litigation Funder To Give Security For Costs
In a recent decision the High Court has confirmed that a defendant is able to obtain security for its costs from a claimant's litigation funder.
4 Jul 2017
Do I Have To Consider Mediation?
Just in case further reminders are needed, the Court of Appeal has issued another one - mediation must be given proper consideration. Anything less and cost penalties may well follow.
27 Apr 2017
How To Get Started On CE-File: What You Need To Know About E-Filing In The Rolls Building
CE-File, the courts' electronic working system, was initially launched in the Technology and Construction Court in June 2015, as part of a pilot scheme that has been ongoing and widened to all courts...
29 Mar 2017
Brexit Bites As Compensation Awarded For Exchange Rate Loss On Payment Of Legal Costs
In deciding what was a novel point, the High Court has compensated a German company for exchange rate loss on payment in pounds sterling of its solicitors' costs incurred in English patent proceedings...
European Union
8 Feb 2017
Changes To The Supreme Court Of Canada Rules And Guidelines
This is a special SCC Bulletin to alert our readers to amendments to the Rules of the Supreme Court of Canada and new Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada...
9 Dec 2016
Third Party Litigation Funders Liable For Indemnity Costs
This decision on costs arose out of substantive litigation commenced in December 2010 by the Claimant, Excalibur, against four defendants.
2 Dec 2016
Guide To Doing Business In Canada: Dispute Resolution & Litigation
While it is similar to the American regime, the Canadian approach to dispute resolution is informed by the unique nature of the Canadian court system and legislative regime.
28 Nov 2016
Supreme Court Confirms Judges Can Conduct Hearings Outside Home Province
National class actions raise a host of complicated jurisdictional issues. This is especially true when there are parallel class actions in multiple provinces.
1 Nov 2016
A Streamlined Court Procedure For Business Disputes
Anyone involved in litigation can testify to how protracted and costly it can be. The Shorter Trials Scheme (STS) pilot currently running in the Rolls Building courts is aimed at addressing this.
19 May 2016
Supreme Court Of Canada Opens Door To Enforcement Of Foreign Judgments Against Subsidiaries In Canada
Last week the Supreme Court of Canada released its most recent private international law decision that further develops Canada's regime of recognition and enforcement of foreign judgments against subsidiaries operating in Canada.
21 Sep 2015
Correcting Judicial Inconsistencies: Court Of Appeal For Ontario Overrules One Of Its Own Decisions
The answer to this question was recently provided by a 5-member panel of the Court of Appeal for Ontario in Fernandes v. Araujo.
14 Aug 2015
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