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Litigation Blog
Welcome to the Davis LLP Litigation Blog. This blog provides updates on case law and current events relevant to civil litigation. The contents of this blog should not be regarded as legal advice. Please contact our team of litigation experts to discuss how these subjects may impact you or your business.
| The Supreme Court of Canada (SCC) recently rendered a decision in Penner v. Niagara (Regional Police Services Board), 2013 SCC 19, regarding the application of issue estoppel. At issue was whether [read more]Friday, 10 May 2013 | Justin R. Seitz |
| In a turn of events that sheds some light on the slow process of modern justice, Judge Weisman of the Ontario Court of Justice revisited the question of whether a criminal complainant, known only [read more]Friday, 3 May 2013 | Stephen Mulrain |
| Last week, the Supreme Court of Canada heard oral argument with respect to the Ontario Court of Appeal decision, Fischer v IG Investment Management Ltd., 2012 ONCA 47, [Fischer].
In Fischer, [read more]Monday, 29 April 2013 | Roisin Hutchinson |
| I was recently drawn back to the discussion of the phenomenon identified by Associate Chief Justice Rooke of the Alberta Court of Queen’s Bench as “Organized Pseudo-legal Commercial [read more]Tuesday, 9 April 2013 | Stephen Mulrain |
| Repeated verbal or psychological harassment of an employee by his coworkers resulting in injury is properly brought as a workers’ compensation claim, and therefore should not be brought as a [read more]Monday, 25 March 2013 | Laura Easton |
| The Honourable Madam Justice Ellen Picard, Madam Justice Marina Paperny, and Mr. Justice Peter Martin of the Alberta Court of Appeal (“ABCA”) recently handed down the decision in Canadian [read more]Friday, 22 March 2013 | Justin R. Seitz |
| On March 7, 2013, the Supreme Court of Canada issued a unanimous decision with respect to the law of nuisance and the balancing of competing interests.
Antrim Truck Centre Ltd. (“Antrim”) [read more]Monday, 18 March 2013 | Laura Easton |
| In a result that would have Louis Riel smiling in his grave, the Supreme Court of Canada has issued a decision in favour of the Métis people in Manitoba Métis Federation Inc. v. Canada [read more]Wednesday, 13 March 2013 | Malinda Yuen |
| Justice Morawetz of the Ontario Superior Court (also a celebrity among lawyers for being the Morawetz in the trio of Houlden, Morawetz, & Sarra, authors of the Annotated Bankruptcy and Insolvency [read more]Tuesday, 12 March 2013 | Brandon Barnes |
| Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11
On February 27, 2013, the Supreme Court of Canada rendered its decision in Saskatchewan (Human Rights Commission) v. Whatcott. M [read more]Monday, 11 March 2013 | Stephen Mulrain |
| At first glance, the result of the decision in Ross River Dena Council v Government of Yukon 2012 YKCA 14 [“Ross River”], this past December 2012, it is no longer possible for individuals [read more]Friday, 8 March 2013 | Roisin Hutchinson |
| The Supreme Court of Canada’s decision in Sun Indalex Finance, LLC v United Steelworkers, 2013 SCC 6, has a number of implications for employers, pension plan administrators, as well as both [read more]Wednesday, 27 February 2013 | Roisin Hutchinson |
| The Federal Court recently held that an employee’s parental childcare obligations are included in the term “family status” under the Canadian Human Rights Act. Discrimination on [read more]Wednesday, 13 February 2013 | Matthew J.G. Curtis |
| The balance between religious freedom and access to justice is often a difficult one. In an attempt to balance these rights, Alberta Justice has a controversial new policy that permits [read more]Tuesday, 29 January 2013 | Malinda Yuen |
| On January 21, 2013, Justice D. M. Brown of the Ontario Superior Court of Justice released a decision that is sure to become an invaluable resource for civil litigators in Ontario. In York University [read more] |
| In a decision sure to be applauded by publically traded corporations, the Supreme Court of British Columbia, in Merit Consultants International Ltd v Chandler, recently dismissed a defamation claim [read more]Monday, 28 January 2013 | Kate Southwell |
| In light of the recent decision of R v. Dunn, in which the former CEO, CFO, and Controller of Nortel Networks Inc. were acquitted of fraud, the question of whether Canada is a tough jurisdiction for [read more]Monday, 28 January 2013 | Brandon Barnes |
| The Ontario Superior Court, in Shublay v. Coachman Insurance, 2012 ONSC 5445, recently revisited the distinction between claims and causes of action in the context of a limitations defence.
The [read more]Thursday, 24 January 2013 | Jennifer A. Whincup |
| Slimmon v. Precision Fitting Ltd., 2012 ABQB 771, a Queen's Bench appeal from a Provincial Court decision, is an interesting case. It confirms what many lawyers might have [read more]Monday, 21 January 2013 | Malinda Yuen |
| Contributed by David Foulds, Brandon Barnes, Tudor Carsten, and Jennifer A. Whincup
The much-anticipated judgment in R v. Dunn, in which the former CEO, CFO, and Controller of Nortel [read more] |
| In R. v. N.S., 2012 SCC 72, the Supreme Court of Canada outlined the framework to be used when determining whether a witness can be permitted to testify in a criminal proceeding while wearing a niqab [read more]Monday, 7 January 2013 | Christopher Dormer |
| Recently, I was in Morning Chambers waiting (patiently) for my turn to argue. Before my case was called, a number of foreclosure matters were heard. I'd like to credit counsel, the mortgagees, [read more]Wednesday, 19 December 2012 | Malinda Yuen |
| The issue of random alcohol and drug testing in the workplace has reared its head in Alberta again.
Earlier this year, Suncor decided to implement a new alcohol and drug policy that includes random [read more]Wednesday, 5 December 2012 | Wendy-Anne Berkenbosch |
| Yesterday, Justice Richard Wagner was sworn in as the newest Justice of the Supreme Court of Canada.
Justice Wagner was first called to the Bench in 2004, as a member of the Quebec Superior Court [read more]Tuesday, 4 December 2012 | Malinda Yuen |
| Canadian Solar Inc. (“CSI”) is a Canadian company incorporated under the Canada Business Corporation Act, and trades on the NASDAQ exchange. Mr. Tajdin Abdula, purchased shares in CSI [read more]Monday, 3 December 2012 | Justin R. Seitz |
| In this appeal from a decision of the Court of Appeal of British Columbia, the Supreme Court of Canada addressed the question of whether the BC Human Rights Code provisions respecting discrimination [read more]Monday, 3 December 2012 | Stephen Mulrain |
| The Alberta Court of Appeal has denied leave to appeal the Jackpine mine expansion Joint Review Panel’s finding that it lacks jurisdiction to decide whether the federal and provincial governments [read more]Sunday, 2 December 2012 | Laura Easton |
| In a recent decision, the Supreme Court of Canada held that Pfizer’s patent relating to sildenafil, the effective compound in Viagra, did not meet the disclosure requirements of the Patent Act, [read more]Friday, 23 November 2012 | Peter Osadetz |
| Submitted by Stephen Mulrain
Opitz v. Wrzesnewskyj, 2012 SCC 55
Arising out of the disputed election results in Etobicoke-Centre, this case required the Supreme Court of Canada to determine [read more]Thursday, 22 November 2012 |
| In October 2004 a group calling itself the Revolutionary Movement for the Liberation of Katanga staged a small-scale uprising in the small town of Kilwa, in the Democratic Republic of Congo. Despite [read more]Tuesday, 20 November 2012 | Justin R. Seitz |
| The Honourable Mr. Justice Brian R Burrows has stated that the court cannot grant an order waiving the responsibility of parties to an action to participate in a dispute resolution process solely [read more]Tuesday, 20 November 2012 | Laura Easton |
| Earlier this week, the Supreme Court of Canada heard the appeal of Cojocaru (Guardian Ad Litem) v. British Columbia Women’s Hospital and Health Center. This case has widely been publicized as [read more]Friday, 16 November 2012 | Malinda Yuen |
| Two recent appellate decisions out of Alberta and BC demonstrate the willingness of courts to privilege the interests of spouses over the ability to enforce properly constituted trusts and legitimate [read more]Friday, 16 November 2012 |
| In the decision of Southcott Estates Inc. v. Toronto Catholic District School Board, dealt with more fully by my colleague Stephen Mulrain, the Supreme Court of Canada addressed the question of whether [read more]Thursday, 15 November 2012 | Malinda Yuen |
| Published on October 17, 2012, this case deals with the duty of a plaintiff to take actions to mitigate losses when seeking specific performance. The reasons for judgment were written by Madame Justice [read more]Thursday, 15 November 2012 | Stephen Mulrain |
| At the trial level, the Crown used prior inconsistent examination for discovery evidence from the accused's civil suit at his criminal trial to impeach/test his credibility.
The accused could [read more]Thursday, 15 November 2012 | Deborah Szatylo |
| On October 3, 2012, the British Columbia Securities Commission found that Paul Stiles' craigslist postings for investments with Velocity Entertainment Inc. ("Velocity") were contrary [read more]Thursday, 15 November 2012 | Laura Easton |
| Thank you for visiting the Davis LLP Litigation Blog. We hope you will find our entries informative, interesting, and engaging.
Should you have any questions arising from our posts, or are looking [read more]Thursday, 15 November 2012 | Laura Easton, Malinda Yuen |
| Public hearings into the proposed Shell Jackpine oilsands mine expansion are well underway in Fort McMurray, with the Oil Sands Environmental Coalition (OSEC) presenting evidence to the panel [read more]Thursday, 8 November 2012 | Laura Easton |
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