litigation


  • Issue must be ‘novel’ to avoid cost award

    Issue must be ‘novel’ to avoid cost award

    Mar 26, 2018

    The losing side in litigation must show more than a specific issue has not been previously adjudicated to be considered “novel” and avoid a costs award, an Ontario Superior Court judge explained in a recent class action ruling.

  • OCA overrules itself on insurance claims

    OCA overrules itself on insurance claims

    Mar 19, 2018

    The Ontario Court of Appeal recently took the rare step of convening a five-member panel to overrule itself on whether an insurer could bring a claim on behalf of a bankrupt insured party.

  • Tribunal dismisses LSO appeal against lawyer

    Tribunal dismisses LSO appeal against lawyer

    Mar 19, 2018

    A tribunal dismissed an appeal brought by the Law Society of Ontario, which claimed a hearing panel was wrong to find a lawyer who was found in contempt of court had not committed professional misconduct.

  • Carriage of price-fixing class action awarded

    Carriage of price-fixing class action awarded

    Mar 12, 2018

    An Ontario judge has awarded carriage of a proposed class action against bread sellers for an alleged price-fixing scheme to a consortium led by Strosberg Sasso Sutts LLP.

  • Decision to deny status to student groups upheld

    Decision to deny status to student groups upheld

    Mar 12, 2018

    An Ontario Superior Court judge has ruled that he has jurisdiction under what he described as “the law of groups” to review decisions by student unions at three post-secondary institutions that denied official status to two anti-abortion groups and a “men’s rights” organization.

  • LTB issues

    Mar 12, 2018

    Paralegal James Moak has brought a court application in the Ontario Superior Court to try to stop property managers who are not licensed to practise law from providing legal services at the Ontario Landlord and Tenant Board.

  • A potential national securities regulator raises concerns

    A potential national securities regulator raises concerns

    Mar 5, 2018

    On March 22, the Supreme Court of Canada will hear the appeal on the Quebec government’s reference regarding the attempt to create a voluntary new pan-Canadian securities regulatory body.

  • Payments lawyers disappointed by SCC ruling

    Payments lawyers disappointed by SCC ruling

    Mar 5, 2018

    In a decision delivered in October 2017, the Supreme Court of Canada ruled that banks that had been the victims of a fraudulent cheque scheme were required to repay the company whose employee drew up the false cheques.

  • OCA rules on emergency doctrine

    OCA rules on emergency doctrine

    Mar 5, 2018

    An Ontario Court of Appeal justice has warned against “summary judgment at all costs” in her dissent of a ruling on the application of the doctrine of emergency in a personal injury case.

  • $1-million crossclaim against firm heads to trial

    $1-million crossclaim against firm heads to trial

    Mar 5, 2018

    The Ontario Court of Appeal is letting a $1-million counterclaim against Aird & Berlis LLP proceed to trial.

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