Searching Content indexed under Civil Law by Osler, Hoskin & Harcourt LLP ordered by Published Date Descending.
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Québec Court Of Appeal Limits The Court Of Québec's Jurisdiction
Québec's Court of Appeal rendered its long-awaited ruling on the scope of the Court of Québec's jurisdiction on September 12, 2019. Essentially,...
26 Sep 2019
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of Canada, check out our comparative guides section to compare across multiple countries
20 Sep 2019
Court Of Appeal For Ontario Invokes Transfer Provisions To Hear Habeas Corpus Appeal
In Toure v. Canada (Public Safety & Emergency Preparedness), 2018 ONCA 681, the Court of Appeal for Ontario recently invoked subsection 6(2) of the Courts of Justice Act to ground jurisdiction ...
11 Sep 2018
Federal Court Of Appeal Develops "Narrow" Expansion Of Appellate Jurisdiction
In Canada (Citizenship and Immigration) v. Tennant, 2018 FCA 132, the Federal Court of Appeal developed a narrow exception to the seemingly absolute bar to its jurisdiction to hear an appeal from the disposition ...
11 Sep 2018
Ontario Court Of Appeal – New Civil And Criminal Practice Directions
On March 1, 2017, the Court of Appeal for Ontario adopted a new Practice Directions Concerning Civil and Criminal Appeals at the Court of Appeal.
22 Mar 2017
Ledcor Construction Limited v Northbridge Indemnity Insurance Company: The SCC Revisits Sattva On Standard Of Review For Contractual Interpretation
The legacy of Sattva Capital Corp v Creston Moly has become more complicated as the Supreme Court begins to revisit this case.
4 Nov 2016
Law Society Of Upper Canada v. Kivisto: Final v. Interlocutory Analysis Varies Between Civil And Regulatory Proceedings
The Ontario Divisional Court explained that because of the differences between a regulatory proceeding and a civil proceeding, the distinction between final and interlocutory orders will vary in these two contexts.
26 Sep 2016
Ross-Clair v. Canada (Attorney General): Judge's Failure To Consider Contract As A Whole Leads To Correctness Review
The Ontario Court of Appeal's decision in Ross-Clair v. Canada (Attorney General)is another post-Sattva instance of a dispute over the standard of review of contract interpretation. For a unanimous Court of Appeal, Justice Epstein reviewed the application judge's interpretation of a contract on the correctness standard.
18 Aug 2016
Defendants Sidelined In Third Party Funding Motion
In Berg, the proposed representative plaintiff brought a motion without notice to the defendants for approval of a third party funding agreement.
27 Jul 2016
AE Hospitality Ltd v George: Requirements Of Test For Leave To Appeal Under Rule 62.02(4)
AE Hospitality Ltd v George, 2015 ONSC 7370 dealt with the test for granting leave to appeal under Rule 62.02(4) of the Ontario Rules of Civil Procedure.
27 Apr 2016
Ontario Court Of Appeal Upholds Liability For Tort Of Intentional Interference With Economic Relations
The Ontario Court of Appeal has now emphasized that the tort of intentional interference with economic relations has narrow applicability, but does occur.
17 Mar 2016
Peavine Metis Settlement v Whitehead: When Can A Non-Party To A Proceeding Bring An Appeal?
Subsequently, three Metis settlements brought a motion for leave to appeal the Metis Settlement Appeal Tribunal's decision.
1 Mar 2016
Canada's Patent Regime Forecloses Civil Actions By Consumers In British Columbia
Canada's patent laws are a complete code giving consumers no right to independent civil actions.
24 Feb 2016
Impact Of The New Code Of Civil Procedure On Class Actions, Part 3 – Article 578 Of The New CCP: Appeal On Authorization
In 1982, respondents "lost" their right of appeal as of right of a judgment authorizing a class action, which had been the rule from 1979 in class action proceedings (1010 of the CCP).
29 Dec 2015
Impact Of The New Code Of Civil Procedure On Class Actions, Part #2: Article 571 Of The New CCP: Class Members And Representatives
When it was adopted in 1978, article 999 of the CCP provided that only natural persons could be members of a group. Legal persons were deemed to be better equipped to face lawsuits alone.
16 Dec 2015
Puri Consulting Limited v. Kim Orr Barristers PC: Ontario Court Of Appeal Overturns Motion Judge For Failing To Consider "Factual Matrix" Of Settlement Offer
The Ontario Court of Appeal's October 29, 2015 decision in Puri Consulting Limited v. Kim Orr Barristers PC is a cautionary tale about the importance of familiarity with the specific provisions of Rule 49 of the Ontario Rules of Civil Procedure.
10 Dec 2015
The Québec Court Of Appeal Rules That There Is Only One, Unique, Way To Qualify Class Members
In Filion v. Québec (Procureure générale), the Québec Court of Appeal overturned a decision of the Superior Court which held that "Non-Registered" class members were not clients of Plaintiffs' counsel.
15 May 2015
A New Analytical Framework For Public Authority Liability In Tort
This decision may impact the number and nature of class actions asserted against public authorities and may attract the attention of the Supreme Court of Canada.
24 Apr 2015
Waiting For The Second Shoe To Drop: Dealing With Concurrent Civil And Regulatory Proceedings
American Apparel Inc. disclosed recently that The Securities and Exchange Commission has launched a formal investigation into issues raised during its Board evaluation of matters relating to its ousted CEO Dov Charney.
18 Apr 2015
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