The open-court principle requires accusers to identify themselves, but new issues in data privacy and health care are challenging the courts to consider broadening the use of anonymity in class ...
Landmark cases have recently broadened the courts’ ability to interpret contractual intent. Does this represent a more nuanced approach, or does it open the door to ambiguity in contract law?
The 2017 SCC ruling in Teal reinforces the scc’s broad deference toward arbitral decisions, even when tribunals are found to have erred on questions of fact.
Lawyers know there’s no such thing as perfect legal harmony, but recent decisions by Canadian courts and tribunals may come as a shock.
As a multicultural, bilingual nation with civil and common law jurisdictions, Canada should be a natural hub for International Arbitration. So why isn’t it? Recent provincial amendments aim to make ...
Litigation finance, as a concept at least, has been around. But a host of new players with creative leveraging strategies are now paving the way for what could become a force in the profession.
A look at an Ontario Superior Court decision in relation to Algoma’s bankruptcy proceedings, which addressed important issues concerning the role of a CCAA monitor, the scope of a derivative action, ...
Court refuses to enforce Ecuadorean judgment against Chevron Canada, finding it is separate entity
Some big firms are getting bigger to achieve economies of scale and expand their global reach. As competition heats up, boutiques and specialty firms are playing to new strengths
The Ontario Superior Court of Justice’s decision in Atos v. Sapient Canada, which awarded damages to the former for breach of contract.
Tips from the pros on how to manage litigation costs, before they get out of hand
Arbitration has evolved into the preferred method for efficient dispute resolution. There is risk, however, in bypassing the courtroom.
Several recent Canadian decisions clarify issues around admissibility of expert evidence, perceived conflict of interest and whether counsel can review draft reports prior to trial
CANADIAN PUBLISHERS, BROADCASTERS AND AUTHORS are at risk of being dragged to the far corners of the globe to defend libel suits, say critics of a recent Ontario Court of Appeal decision. ...
Optimism reigns in the life-sciences sector as biologics become a major driver of market growth
In a less than stellar year for business, only the decisions relating to privilege, certification and leave can be seen as decidedly positive in our Top Ten Cases of 2015 list. Canada’s courts ...
Canada’s top court has enunciated a new legal duty in contract negotiations. Its effects are wide-ranging and controversial
In Bhasin v. Hrynew, the SCC tried to make Canadian contract law more settled, fair and closely aligned with parties’ reasonable expectations. But does the decision clarify the law or muddy the ...
Canada is increasingly seen as the jurisdiction of choice for cross-border class actions
The complex, high-profile Chatr Wireless case had none of the nastiness that often characterizes high-stakes litigation, despite both sides aggressively advocating on behalf of their clients