Focus On

Civil Litigation


Monday, October 28, 2019 @ 1:55 PM

International arbitration gets innovative: Cross-border insolvencies arbitration_global_sm

Most of us are familiar with the use of arbitration to resolve international commercial disputes and to resolve claims by foreign investors against host countries under various forms of investor protection treaties. More recently there has been increasing attention on potential innovative uses of arbitration for other forms of disputes, including for climate change and claims by local populations, government bodies and others against foreign controlled natural resource and manufacturing enterprises that are alleged to have caused harm to local populations, including to their environment. ... [read more]

Monday, October 28, 2019 @ 1:50 PM

Robins Appleby adds partner and associates

Business law firm Robins Appleby is welcoming one new partner and four associates to the firm. ... [read more]

Monday, October 28, 2019 @ 12:15 PM

Gowling to contribute $125,000 to Pro Bono Ontario

Gowling WLG has made a five-year $125,000 commitment to Pro Bono Ontario (PBO), kicking off the charity’s #InvestInJustice campaign. ... [read more]

Monday, October 28, 2019 @ 8:32 AM

Nova Scotia decision on dependants’ relief redefines testator’s ‘liberty’ money_fight_sm

The Nova Scotia Supreme Court has ruled that portions of the province’s dependants’ relief legislation, which allow adult independent children to apply for variation of a will because it provides inadequate maintenance and support, are unconstitutional. ... [read more]

Monday, October 28, 2019 @ 8:31 AM

What constitutes a material change in risk: A review of two recent decisions Man about to walk tightrope

When does an insured’s failure to disclose a material change in risk to its insurer entitle the insurer to void an insurance policy? Two recent BC Supreme Court cases considered this question in the context of home insurance policies. ... [read more]

Monday, October 28, 2019 @ 8:23 AM

GOODS AND SERVICES TAX (GST) - Tax Court of Canada - Motions - Admissions

Motion by the appellant Georgeson Shareholder Communication Canada Inc. (Georgeson) for judgment allowing its appeal and vacating the assessments made by the Minister of National Revenue. ... [read more]

Friday, October 25, 2019 @ 5:16 PM

SCC refuses to stay Quebec divorce action in case involving competing divorce claims in Belgium

In a Quebec divorce case involving a wealthy couple with competing matrimonial property claims in Quebec and Belgium, the Supreme Court of Canada has 6-1 refused to stop the Quebec court from proceeding with the case, in a judgment which provides guidance on the scope and application of the international lis pendens exception under Quebec’s private international law (PIL). ... [read more]

Friday, October 25, 2019 @ 1:01 PM

CONFLICT OF JURISDICTIONS - Lis pendens - Stay of proceedings

Appeal from a judgment of the Quebec Court of Appeal setting aside a decision that the wife’s divorce proceedings in Quebec should not be stayed. ... [read more]

Friday, October 25, 2019 @ 10:31 AM

Giving consideration to plaintiffs’ right to sue Man falling

When the evidence in a personal injury action suggests that one or more of the parties were working when the accident occurred, insurers and defence counsel should turn their minds to whether the action is suitable for a Right to Sue Application. ... [read more]

Friday, October 25, 2019 @ 9:07 AM

Twitter town hall to explore access to justice in B.C. B.C. Chief Justice Robert Bauman

A pair of B.C. judicial heavyweights will be lending their voice to the conversation about access to justice Mon., Oct. 28 as the provincial court hosts a Twitter town hall to discuss the challenges and opportunities facing the justice system in the province. ... [read more]