litigation


  • Litigation wages over space between properties

    Litigation wages over space between properties

    Aug 20, 2018

    Some of the relevant case law may date back to the mid 19th century or earlier, but even in 2018, there appear to be judicial disagreements about how to apply the legal tests when it comes to litigation between neighbours over whether a prescriptive easement has been established on a space between their properties.

  • Sexual assault victim awarded $200,000 in civil action

    Sexual assault victim awarded $200,000 in civil action

    Aug 20, 2018

    The Ontario Court of Appeal has rejected the notion that general damages for a sexual assault victim should be relatively modest if it is a single incident involving adults and no breach of trust.

  • SCC defamation ruling sends mixed messages

    SCC defamation ruling sends mixed messages

    Aug 20, 2018

    The Supreme Court of Canada decision this June in a multi­jurisdictional defamation case was relatively clear-cut in the result, with six judges finding that Israel was the appropriate forum for an action brought by a Canadian businessman against the newspaper Haaretz.

  • Telus class action case heads to the SCC

    Telus class action case heads to the SCC

    Aug 20, 2018

    The application of a key provision in the provincial Arbitration Act when there are class actions involving two different types of potential claimants will be before the Supreme Court of Canada this fall.

  • Wind farm killed by new government following legal battle

    Wind farm killed by new government following legal battle

    Aug 13, 2018

    A few days after the new Conservative government introduced legislation last month to kill a major wind turbine project in Prince Edward County, a lawyer for the Ministry of the Environment and Climate Change was in court to defend the initial approval process.

  • OCA upholds U.S. rabbinical court’s award

    OCA upholds U.S. rabbinical court’s award

    Jul 30, 2018

    The Ontario Court of Appeal has upheld the enforcement of a New York rabbinical court’s award in a real estate dispute in Ontario, reinforcing the province’s role as a leader in international commercial arbitration law, say lawyers.

  • Crown must pay costs after being ‘overly enthusiastic’

    Crown must pay costs after being ‘overly enthusiastic’

    Jul 30, 2018

    An Ontario Superior Court judge has ordered the provincial Crown to pay costs to a representative plaintiff over actions taken during cross-examinations during a motion in the certification process of the proposed class action.

  • Personal injury lawyers turn to litigation financing

    Personal injury lawyers turn to litigation financing

    Jul 23, 2018

    Lawyers who represent plaintiffs in smaller personal injury firms say they are turning to specialized litigation financing to fund disbursements and expert witnesses, as well as other expenses.

  • Lawyers advise against treatment loans

    Lawyers advise against treatment loans

    Jul 23, 2018

    As governments have scaled back the insurance coverage available for medical treatments available to those who have been injured in accidents, treatment loans are becoming available to clients as a means of keeping treatments going until a trial or settlement.

  • Should cost protection insurance be mandatory?

    Should cost protection insurance be mandatory?

    Jul 23, 2018

    As cost protection insurance becomes more common as part of litigation financing in Canada, lawyers have noted that, in the United Kingdom, lawyers are required to let commercial litigation clients know about its availability or they can be found negligent. Lawyers say it is already becoming good practice in Ontario to discuss cost protection insurance with clients.

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