litigation


  • Hamilton crash cases lead to different results

    Hamilton crash cases lead to different results

    Nov 26, 2018

    The Supreme Court of Canada should step in to clear up the confusion created by two recent Ontario Court of Appeal judgments that arrived at opposite conclusions on a municipality’s liability for roadway non-repair, according to lawyers.

  • Decision resurrects disputed patent principle

    Decision resurrects disputed patent principle

    Nov 26, 2018

    A group of pharmaceutical companies will be allowed to argue that a decision that invalidated one of their patents was decided based on “wrong legal principles,” a panel of Court of Appeal of Ontario judges said.

  • Lawyers say benefits of statutory deductible waning

    Lawyers say benefits of statutory deductible waning

    Nov 26, 2018

    The statutory deductible for pain and suffering is ripe for reform, according to personal injury lawyers.

  • Refusal to define death disappoints lawyers

    Refusal to define death disappoints lawyers

    Nov 19, 2018

    A Superior Court justice has decided the question is moot when it comes to which death certificate for an Orthodox Jewish man is valid.

  • Ontario case may weaken polluter pays principle

    Ontario case may weaken polluter pays principle

    Nov 5, 2018

    A recent Ontario court decision testing the province’s Environmental Protection Act could have consequences for the polluter pays principle, lawyers say.

  • Trade agreement has new environmental rules

    Trade agreement has new environmental rules

    Nov 5, 2018

    The conclusion of the renewed NAFTA agreement, renamed the United States-Mexico-Canada Agreement, contains new environmental provisions that have enforceable guidelines around water and air quality that the original agreement did not.

  • Ruling on obligations of bankrupt companies coming

    Ruling on obligations of bankrupt companies coming

    Nov 5, 2018

    In the spring, the Supreme Court of Canada heard arguments in Orphan Well Association, et al. v. Grant Thornton Limited, et al., regarding the obligations that trustees or receivers of bankrupt companies have when it comes to cleaning up contaminated sites they have acquired.

  • Change in provincial government impacts clients

    Change in provincial government impacts clients

    Nov 5, 2018

    With the Ontario government having repealed the province’s Green Energy Act, cancelling the provincial cap-and-trade regime and legislating that proponents cannot sue for certain cancelled projects, lawyers say they need to help their clients manage the political risk of doing business in the current political climate in Ontario.

  • Opting out of class action can have its rewards

    Opting out of class action can have its rewards

    Oct 29, 2018

    The opportunity to opt out of a class action is offered in all Ontario class-action proceedings, but lawyers say there are some fact situations in which pursuing individual claims makes more sense than being part of a class.

  • Privacy-breach class actions may see an uptick

    Privacy-breach class actions may see an uptick

    Oct 29, 2018

    Some lawyers are expecting that new mandatory breach reporting under Canada’s privacy legislation may result in an increase in the number of privacy class actions, which are still in their relative infancy and continue to evolve.

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