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Civil Litigation

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Tuesday, March 27, 2018 @ 8:50 AM

CIVIL PROCEDURE - Judgments and orders - Enforcement - Registering of judgments or orders

Appeal by the plaintiff from a decision setting aside an ex-parte order obtained by the appellant registering a US judgment for enforcement against the respondent in BC and declining to allow the judgment to be registered de novo. ... [read more]

Tuesday, March 27, 2018 @ 8:48 AM

LIMITATION OF ACTIONS - Time - Extension, interruption, suspension and inapplicability

Appeal by the defendants and cross-appeal by the plaintiff from trial judgment finding the appellant CTL liable for debts owed to the respondent, allowing the claims against CTL’s principal for breach of trust but dismissing the claims against him on his personal guarantee and for repayment of a personal loan as statute barred. ... [read more]

Monday, March 26, 2018 @ 1:31 PM

Supreme Court welcomes its newest member as Martin dons the red robes Sheilah Martin

When Supreme Court Justice Sheilah Martin’s proud father drove her back and forth to the train that took her from a Montreal suburb to McGill University’s law school, her dad assured her she had the right stuff to one day join the nation’s highest court. ... [read more]

Monday, March 26, 2018 @ 9:11 AM

Why appealing commercial arbitration awards is an uphill struggle uphill_struggle_sm

Nowhere is the policy underlying commercial arbitration more important than where an appellate Court subjects an arbitral award to judicial scrutiny.  Canadian appeal Courts are increasingly showing deference to commercial arbitration decisions in order to honour what was intended to be a final resolution of the parties’ dispute. ... [read more]

Friday, March 23, 2018 @ 1:43 PM

Canadians inducted into American College of Trial Lawyers

A number of Canadians were named as fellows of the American College of Trial Lawyers during a ceremony in Arizona. ... [read more]

Thursday, March 22, 2018 @ 2:05 PM

Langlois adds partner in Montreal office

Vikki Andrighetti is the latest partner in the Montreal office of Langlois lawyers LLP. ... [read more]

Thursday, March 22, 2018 @ 9:39 AM

$1.4 billion class action against The Beer Store, LCBO dismissed Michael Eizenga sm

The Ontario Superior Court of Justice has dismissed a lawsuit launched by a restaurateur in 2014 against the Liquor Control Board of Ontario (LCBO) and a slew of breweries in a decision, counsel says, highlights that regulated conduct defence applies to civil claims. ... [read more]

Wednesday, March 21, 2018 @ 3:49 PM - Last Updated: Wednesday, March 21, 2018 @ 5:48 PM

McLachlin nominated for Hong Kong’s top court Beverley McLachlin

Beverley McLachlin, Canada’s former top judge with a strong record of defending judicial independence here and abroad, is expected to soon join Hong Kong's Court of Final Appeal as a non-permanent member. ... [read more]

Wednesday, March 21, 2018 @ 8:58 AM

Drawing the line between consultation and collaboration with expert witnesses collaborative

In 2015, the Ontario Court of Appeal confirmed in Moore v. Getahun 2015 ONCA 55, that it is appropriate and essential for counsel to consult and collaborate with expert witnesses in preparing expert reports. However, this practice is not without limits considering an expert’s duty to provide a fair, objective and non-partisan opinion. In this third article in a series on expert evidence, the jurisprudence on where counsel should draw the line in providing input to an expert witness is surveyed. ... [read more]

Wednesday, March 21, 2018 @ 5:12 AM - Last Updated: Wednesday, March 21, 2018 @ 11:56 AM

Concerns raised about growing trend to oral judgments at Supreme Court Adam Goldenberg

Some Supreme Court watchers are raising questions and concerns about the top court’s growing practice of disposing of cases orally from the bench, without subsequently issuing written reasons. ... [read more]