litigation


  • Time for dedicated internet libel legislation

    Nov 13, 2017

    It is often said that you can’t fit a square peg in a round hole. However, it certainly hasn’t stopped the Ontario courts from giving it a try in attempting to apply Ontario’s antiquated Libel and Slander Act to defamatory publications on the internet.

  • Decision clarifies how limitations apply

    Decision clarifies how limitations apply

    Nov 6, 2017

    An Ontario judge has awarded a $1.5-million judgment to a plaintiff in a decision that lawyers say clarifies how the province’s statute of limitations applies to the Excise Tax Act. In National Money Mart v. 24 Gold Group Ltd, Superior Court Justice James Diamond granted a summary judgment motion to Money Mart, which was seeking the $1.5-million payment from 24 Gold Ltd. — a private precious metal refiner and dealer — for HST it had not paid when buying unrefined gold.

  • Expert testimony

    Nov 6, 2017

    Law Times has two stories this week that relate to expert testimony or expert witnesses. In one, the Ontario Divisional Court upheld the dismissal of a lawyer’s claim against a handwriting expert for defamation. In Deverett Law Offices v. Pitney, lawyer Michael Deverett’s firm brought a claim against a handwriting analyst who had done work for a former client.

  • Concerns voiced over new condo tribunal

    Concerns voiced over new condo tribunal

    Oct 23, 2017

    Lawyers are voicing concerns over the limited jurisdiction of the new tribunal being set up to handle condominium disputes when it opens its doors in November.

  • OCA rules on partial summary judgment

    OCA rules on partial summary judgment

    Oct 23, 2017

    The Ontario Court of Appeal has issued a warning to lawyers that they should only bring partial summary judgment motions in the clearest of cases.

  • Chevron plaintiffs ordered to post security for costs

    Chevron plaintiffs ordered to post security for costs

    Oct 10, 2017

    A Court of Appeal judge may have dealt a fatal blow to the attempts of Ecuadorian villagers to collect a $9.5-billion judgment against Chevron from an Ontario subsidiary. Justice Gloria Epstein has ordered the plaintiffs to post more than $900,000 in security for costs to Chevron Corporation and its seventh-level subsidiary based in Ontario, Chevron Canada Limited.

  • Wave of anti-SLAPP rulings to come

    Wave of anti-SLAPP rulings to come

    Oct 2, 2017

    The Ontario Court of Appeal is expected to issue rulings this fall in a half-dozen cases related to the province’s so-called anti-SLAPP legislation, which was enacted in the fall of 2015.

  • Modern technology needed in civil courts

    Modern technology needed in civil courts

    Oct 2, 2017

    During his tenure on the Superior Court, the frustrations expressed in rulings by Justice David Brown about the failure to make use of modern technology in the civil courts was not noted only by the legal community in southern Ontario.

  • Legal community watching class action

    Legal community watching class action

    Oct 2, 2017

    A proposed class action against a Toronto personal injury firm has been closely watched by the legal community because of the dispute over whether costs can be part of a retainer agreement in addition to amounts paid out as a result of a contingency fee.

  • Broken system needs an overhaul

    Oct 2, 2017

    Bringing paralegals into a broken court system is not the solution to providing efficient, cost-effective access to the legal system. The court system is complicated and arduous.

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