Category: Litigation & Dispute Resolution

Page: 1 of 24Page 1 de 2412345...1020...>>>

Ontario Introduces New International Commercial Arbitration Scheme

May 26, 2017

Effective March 22, 2017, Ontario enacted the International Commercial Arbitration Act, 2017 (ICAA), replacing a previous version of the law that had been in effect since 2006. The new ICAA includes changes which are designed to modernize international commercial arbitration in Ontario and to make Ontario a more desirable place to arbitrate such disputes. The ICAA applies to all international…

Update: Court of Appeal Affirms Unconstitutionality of Alberta’s Oil and Gas Licensing Regime

May 3, 2017

On April 24, 2017, in Orphan Well Association v. Grant Thornton Limited, the Alberta Court of Appeal (Court) upheld Chief Justice N. Wittmann’s decision (Chief Justice) in Redwater Energy Corporation (Re) (Chambers Decision) by finding that certain sections of the Oil and Gas Conservation Act (OGCA) and Pipeline Act (PA) are inoperative to the extent that they are used by…

Significant Developments in Recent Competition Litigation

May 2, 2017

In three decisions released at the end of April 2017, Superior Court of Québec, Ontario Divisional Court and Federal Court judges addressed a number of important issues for businesses, including unreasonable delay in prosecution, certification and disclosure. SUPERIOR COURT OF QUÉBEC RULES ON LENGTHY DELAY On April 21, 2017, the Superior Court of Québec (Court) ruled that lengthy delay between…

Alberta Court of Appeal Expands Availability of Equitable Limitations Defence

May 1, 2017

In a recent decision, Weatherford Canada Partnership v. Artemis Kautschuk und Kunstoff-Technik GmbH (Weatherford), the Alberta Court of Appeal (Court) upheld the dismissal of the plaintiff’s claim against two defendants on the basis of the equitable limitations defence of laches. Historically, laches has been used as a defence to late-brought equitable causes of action and remedies, to which statutes of…

Alberta Court of Appeal Cracks Down on Chronic Delay, Throws Case Out of Court

April 27, 2017

On April 19, 2017, the Alberta Court of Appeal (Court) released its decision in Humphreys v. Trebilcock (Humphreys), which is perhaps the most comprehensive consideration to date of whether delay in the prosecution of a plaintiff’s case warrants dismissal of an action. The Court reversed the lower court’s decision and dismissed the action, finding that the delay was inordinate, unjustified…

Ontario Court Allows Workplace Random Drug and Alcohol Testing to Proceed

April 26, 2017

In April 2017, the Ontario Superior Court of Justice allowed the Toronto Transit Commission (TTC) to proceed with implementing random drug and alcohol testing of safety-sensitive employees, pending the outcome of an ongoing arbitration. The decision, finding in favour of the employer, is a rare and important case on the issue of random workplace drug and alcohol testing, which had…

“No Fishing” in Alberta: Court Clarifies Ability to Redact, Disclosure in Questioning

April 18, 2017

On March 31, 2017, in Geophysical Service Incorporated v. NWest Energy Corp (NWest Energy), the Court of Queen’s Bench of Alberta (Court) provided clarity on the principles of relevance and materiality in the context of questioning pursuant to part 5 of the Alberta Rules of Court. The Court also provided helpful guidance on the ability to redact irrelevant information from…

Accessing Justice from Your Smartphone: The Civil Resolution Tribunal

April 13, 2017

Starting June 1, 2017, certain small claims disputes will be adjudicated online rather than in a traditional courtroom in British Columbia, thanks to the Civil Resolution Tribunal (CRT), the first online tribunal of its kind in Canada. The CRT is a recent provincial initiative that will significantly change how certain small claims disputes and strata property matters are adjudicated in…

Year in Review: Some Positive Developments for Pharmaceutical Class Actions in Canada

April 10, 2017

The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada. This article discusses key pharmaceutical class actions from 2016. 

SCC Affirms Law Society’s Authority to Suspend Lawyers for Failing to Comply with CPD Requirements

April 4, 2017

In Green v. Law Society of Manitoba (Green), a majority of the Supreme Court of Canada (SCC) held that the Law Society of Manitoba (Law Society) has the authority to suspend lawyers who fail to comply with the Law Society’s mandatory continuing professional development (CPD) program without providing the lawyer with an automatic hearing or right of appeal. In so…

Page: 1 of 24Page 1 de 2412345...1020...>>>