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Searching Content indexed under Trials & Appeals & Compensation by McMillan LLP ordered by Published Date Descending.
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2
Expropriation Of Contaminated Land: A Tug-Of-War Of Competing Interests In The "Fair Market" Valuation
The expropriation process in Ontario is governed by the Expropriations Act (the "Act"),[1] which provides for compensation to the owner of the expropriated land's "market value"
Canada
26 Aug 2019
3
Environmental Obligations Cannot Be Ignored Even In Bankruptcy: Orphan Wells Association v Grant Thornton Ltd.
With the growing concern over the environmental impacts of commercial activity, provinces have enacted and expanded
Canada
12 Jul 2019
4
Canada
12 Jul 2019
5
Life Is Not Fair: Unsuccessful Proponent Admits Non-Compliance With RFP, But Sues Fairness Advisor Anyways
Modern public procurements, particularly in the public-private partnership model, typically involve a third party fairness advisor.
Canada
11 Jul 2019
6
Trademark "Use" In The Normal Course Of Trade: Revisited
The recent Federal Court of Appeal decision in Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP [1] ("Cosmetic Warriors")
Canada
11 Jul 2019
7
Party Cannot Negotiate Certification Defeat From The Jaws Of Contested Victory
The British Columbia Supreme Court ("Court") recently dismissed a party's second application attempt to certify their class action in Leonard v The Manufacturers
Canada
8 Jul 2019
8
Independent Or Dependent Contractor? BC Court Finds No Severance Owing To Long Term Service Provider
A recent decision of the British Columbia Provincial Court serves as an important reminder of the factors a court will consider when determining whether an individual is a dependent contractor and of the repercussions ...
Canada
15 Feb 2019
10
SCC Confirms A "Deal Is A Deal": Party Not Allowed To Re-Negotiate A Contract Because It No Longer Liked The Terms
In the recent Supreme Court of Canada case, Churchill Falls (Labrador) Corp v Hydro-Québec, the Court upheld the terms of a nearly 50 year old contract and confirmed the adage, "a deal is a deal."
Canada
10 Dec 2018
11
Tax Court Takes Aim At The Burden Of Proof In Tax Appeals
Generally, the burden of proof in civil cases is easy to understand.
Canada
7 Dec 2018
12
Weighing Your Options? Reasonable Notice Means Weighing Your Evidence, Count Summary Judgment Out
Coffey v Nine Energy Canada Inc. 1, a recent decision of the Alberta Court of Queen's Bench, confirms that summary judgment is not appropriate to decide an assessment of damages for pay in lieu of reasonable notice.
Canada
7 Dec 2018
13
The Queen v. Callidus Capital Corporation Overturned; Lenders Breathe A Sigh Of Relief, But For How Long?
We previously wrote about the decision in The Queen v. Callidus Capital Corporation of the Federal Court of Appeal in our Restructuring and Tax Bulletin.
Canada
6 Dec 2018
14
The Court Of Appeal Puts An End To 'Jail On The Couch' Sentences For Bid-Rigging
Let it be known, the message sent by the Court of Appeal (the "Court") in the cases of Pasquale Fedele, Jacques Lavoie and Patrick Alain could not be any clearer.
Canada
6 Dec 2018
15
SCC Supports LGBTQ Students In Balancing Religious Freedoms and Statutory Mandates
On June 15, 2018, the Supreme Court of Canada released landmark decisions on Canadian limits on institutional religious freedoms.
Canada
31 Jul 2018
16
Anticipatory Repudiation in Real Estate Deals: Can You Terminate If the Other Party Will Breach of the Agreement of Purchase and Sale?
Agreements of purchase and sale ("APS") in real estate transactions typically state what happens when a party breaches its terms.
Canada
5 Jul 2018
17
SCC Says Judges Have No Business Reviewing Decisions Of Voluntary Associations
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.
Canada
18 Jun 2018
18
The Supreme Court Of Canada Set To Reconsider Judicial Review
The Supreme Court of Canada recently signaled that it intends to revisit standard of review.
Canada
22 May 2018
19
BC Court Of Appeal Rules Absolute Privilege Precludes Claim For Breach Of Privacy
In British Columbia, alleged breaches of privacy are actionable in court only under the Privacy Act, R.S.B.C. 1996, c. 373.
Canada
13 Mar 2018
20
Ontario Court Of Appeal Provides Guidance On Insider Trading And Tipping In Finkelstein v. OSC
When should one ought to know that their tip is from an insider? In Finkelstein v. Ontario Securities Commission ("Finkelstein") ...
Canada
12 Feb 2018
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