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Searching Content indexed under Trials & Appeals & Compensation by Gowling WLG ordered by Published Date Descending.
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1
When Timing Isn't Everything: Service Of An Expert Report At The Discovery Stage Does Not Automatically Trigger Disclosure Obligations Under Rules 31.06(3) And 53.03(2.1)
Key Takeaway: Service of an expert report by a defendant does not automatically mean the expert will be called to testify at trial.
Canada
3 Oct 2019
2
The Line Separating Acceptable Investigations From Intrusive Investigations
In the recent decision of Williams v. Sekhon 2019 BCSC 1511 the B.C. Supreme Court examined the line between an acceptable investigation of a personal injury...
Canada
2 Oct 2019
3
In What Circumstances Must Joint Defence Agreements Be Produced?
Joint Defence Agreements ("JDAs") memorialize the agreement of defendants to exchange confidential and/or privileged information without waiving privilege over that inform...
Canada
30 Sep 2019
4
Court Of Appeal Hands Down Key Judgment Clarifying The Law On Rectification
In FSHC Group Holdings Limited v Glas Trust Corporation Limited the Court of Appeal provided welcome and much needed clarification of the test the courts should apply
UK
4 Sep 2019
5
Historic $1.47-Billion Settlement Approved For Survivors Of Federal Indian Day Schools And Federal Day Schools
Gowling WLG is counsel to the plaintiff class with a team led by Robert Winogron, Jeremy Bouchard, Mary Thomson and Brian Crane.
Canada
29 Aug 2019
6
What Are The Pit Falls 'Right To Manage' Companies Need To Be Aware Of?
The recent Upper Tribunal (Lands Chamber) decision is a sharp reminder to landlords and management companies alike of the practical difficulties surrounding the current legislation
UK
28 Aug 2019
7
Do Approved Inspectors Owe A Duty Under S.1(1) Of The Defective Premises Act 1972 In The Exercise Of Their Building Control Functions?
Continuing in our series on the implications following the Grenfell Tower disaster, we consider the Court of Appeal judgment in The Lessees and Management Company of Herons Court v NHBC Building
UK
16 Aug 2019
8
Recognizing Tax Implications For Damage Awards
As Celine Dion once sang, taxes are as inevitable as rain.
Canada
6 Aug 2019
9
To Vest Or Not To Vest: Interests In Land And The Powers Of Insolvency Courts
On June 19, 2019, the Ontario Court of Appeal released its decision in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc
Canada
5 Aug 2019
10
Hanging By A Thread: Rescission In Collins Family Trust v Canada
The British Columbia Supreme Court ("BCSC") decision in Collins Family Trust v Canada (Attorney General)[1] ("Collins") grants at least a temporary reprieve for the equitable
Canada
5 Aug 2019
11
Court Finds Power Of Inspection Is Limited In The Event Of Litigation
How does one reconcile the concept of equality of the parties before the court and the guiding principle of fair debate with a party's statutory advantage of being able to obtain information
Canada
1 Aug 2019
12
The Basics: Does Legal Professional Privilege Apply To All Communications With Or Through A Solicitor?
The principle that a client should be able to consult a lawyer in confidence without fear of having to disclose communications between them at a later date is a fundamental right that has long been recognised...
UK
29 Jul 2019
13
Actavis v Eli Lilly: The Impact On Patent Infringement Law In The UK Two Years On
It is now two years since the UK Supreme Court's judgment in Actavis v Eli Lilly UKSC 48 re-steered in a markedly different direction the law of patent infringement in the UK, stating that there is a doctrine...
UK
24 Jul 2019
14
Ensure Your Contracts Reflect Your Intention – Say What You Mean (And What Might Happen If You Don't)
The decision in Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] is a clear example of the courts' approach to contractual interpretation, focusing primarily on one clause of the contract.
UK
22 Jul 2019
15
Post-Termination Restrictions: The Supreme Court Reinvigorates The Blue Pencil Test
On 3 July, the Supreme Court handed down its judgment in Tillman v Egon Zehnder Ltd on whether a restrictive covenant that prevents an ex-employee from being "interested in" a competitor for six months.
Canada
16 Jul 2019
16
Saudi Arms Case - Government Told To Ask The Right Questions, And Answer Them
The Court of Appeal's decision in R (on the application of Campaign Against Arms Trade) v Secretary of State for International Trade presents a rare example of a successful challenge
UK
8 Jul 2019
17
Pensions Tax Mistakes Can Sometimes Be Undone
Her Majesty's Revenue and Customs (HMRC) has confirmed it is not appealing against the tribunal's ruling in the case of Hymanson v Revenue and Customs Commissioners [2018] UKFTT 667 (TC)
UK
3 Jul 2019
18
Rare Successful Challenge To Arbitral Award For "Serious Irregularity"
The recent Commercial Court decision in K & Others v P & Others provides a rare example of a party successfully challenging an arbitral award on grounds of serious irregularity.
UK
2 Jul 2019
19
Skiers Beware: Limitations Of Liability On Lift Ticket Upheld
a recent decision, the British Columbia Supreme Court dismissed a claim brought against a ski resort by a guest who suffered catastrophic bodily injuries
United States
2 Jul 2019
20
Interim Injunctions - The Dangers Of Being Trigger-Happy
An injunction can be sought from the Court before or after proceedings have been commenced to either stop a company or person from doing something (a prohibitory injunction)
UK
25 Jun 2019
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