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Civil Litigation


Friday, February 09, 2018 @ 11:06 AM

Appeal allowed on calculation of bonus in company sale as Titus test upheld George Benchetrit sm

The Ontario Court of Appeal allowed an appeal over the calculation of a bonus in a decision counsel says upholds the test for unconscionability in contract law in the province. ... [read more]

Friday, February 09, 2018 @ 8:41 AM

Case study: Two ways to valuate intellectual property damages two_options_sm

Intellectual property litigation can arise when the intellectual property is allegedly infringed upon. This litigation can involve complex valuations due to the difficulty of estimating the profit that would have been earned. The following is a fictional case study of an infringed patent.The study illustrates two options for plaintiffs, profit loss and accounting of profits, and the implications thereof, as seen by the authors in various past cases. ... [read more]

Thursday, February 08, 2018 @ 9:04 AM

Raibex decision part II: Definition of ‘material fact’

As elaborated in the first part of this article on Raibex Canada Ltd. v. ASWR Franchising Corp., the Court of Appeal for Ontario held that disclosure deficiencies justify rescission under subsection 6(2) of the Arthur Wishart Act if the franchisee cannot “make a properly informed decision on whether to invest in the franchise.” ... [read more]

Wednesday, February 07, 2018 @ 9:39 AM

What to do when third parties impede settlement hard_mediation_sm

While most family law cases involve only two parties, there can be many other parties who may play a significant role in the settlement of the case. These can include cheerleaders, those involved in third party claims, third parties from whom disclosure is sought, creditors, the Canada Revenue Agency or the Children’s Aid Society. ... [read more]

Wednesday, February 07, 2018 @ 9:25 AM

Legal think tank looking to reform ‘badly outdated’ Alberta Evidence Act Laura Buckingham, Alberta Law Reform Institute

An Alberta-based legal think tank is urging the provincial government to update the “badly outdated” Alberta Evidence Act with an eye to reforming how evidence from children and adults with cognitive impairments is treated in the courtroom. ... [read more]

Wednesday, February 07, 2018 @ 8:44 AM

Software decision shows what can happen between judgment and appeal software_fight_sm

Quebec’s Appeal Court has provided a concise primer in Druide Informatique inc. v. Éditions Québec Amérique inc., 2017 QCCA 2060 on “what happens to your trial judgment pending appeal.” ... [read more]

Wednesday, February 07, 2018 @ 8:42 AM

INSURANCE CONTRACT - Interpretation - Terms

Appeal by the defendant insurers, Equinox Global and Lloyd's Underwriters, from the dismissal of their motion for a stay of the action by the plaintiff insured, Trade Finance Solutions. ... [read more]

Tuesday, February 06, 2018 @ 11:37 AM

Stewart McKelvey adds P.E.I. associates

Two associates have joined Stewart McKelvey’s Charlottetown branch. They are Justin Milne and Michael Fleischmann. ... [read more]

Tuesday, February 06, 2018 @ 11:14 AM

McDonald’s lease dispute highlights need for reasonable notice in revocation of waiver Andrew Parley sm

The Ontario Court of Appeal has ruled in favour of McDonald’s Restaurants of Canada in a lease disagreement with one of its landlords in Richmond Hill, Ont., in a decision counsel says highlights the need for clarity of arbitration terms when drafting a lease. ... [read more]

Tuesday, February 06, 2018 @ 7:06 AM

New chief justice of Canada seeks ‘good justice for all,’ reforms to ‘opaque’ judicial discipline, administration Richard Wagner

Lawyers and judges should strive for “good justice for all and not exceptional justice for a few,” the new chief justice of Canada says. ... [read more]