Feb 28, 2011New Tools for Managing Evidence in Complex Litigation A shift has occurred in the way civil litigation is run and several new tools for litigation management have emerged.
Feb 24, 2011Tenant Defaults – What to Do and What Not to Do: A Short Checklist DO’s DO abide by notice and default provisions in the lease The most common mistakes are: (a) Counting Days Incorrectly. (i) Are “days” defined as calendar days…
Current Property Tax Issues Pre-1998 Owners assessed realty taxes Tenants assessed separately for business taxes (value of property apportioned on basis of FMR) including shared parking business assessment Current Value Assessment…
Feb 16, 2011Case Law Update: Celgene Corp v Canada (Attorney General) Statutory Interpretation Patented Medicine Prices Review Board Consideration of Mandate Standard of Review
Case Law Update: Sazant v College of Physicians and Surgeons of Ontario Administrative Law Investigative Powers College of Physicians and Surgeons
Litigation Update – February 2011 One legislative and six case law updates released in January and February 2011.
Case Law Update: Smith v Alliance Pipeline Ltd Expropriation Standard of Review Costs National Energy Board Act
Broader Public Sector Accountability Act, 2010 The Broader Public Sector Accountability Act, 2010 will have a significant impact on broader public sector organizations.
Case Law Update: R v Caron Constitutional Law Interim Costs Awards Inherent Jurisdiction of the Courts Inferior Courts
Feb 14, 2011The Bar’s Turn Once the lawyers are gone, there will be no impediment to villainry: there will be no one to assert rights.
Feb 7, 2011Babies and Bath Water Leave aside the issue of whether mediation reduces cost and delay. Does it increase access to civil justice?
Feb 1, 2011Property Development Aspects of Infrastructure and Other Public Projects It is widely recognized that there is a critical need for construction of new infrastructure and the repair and maintenance of existing infrastructure.
Jan 21, 2011Is Your Independent Contractor Truly Independent? Third category dependent contractor determined in Ontario Court of Appeal decision in McKee v. Reid’s Heritage Homes Ltd.
Jan 18, 2011Case Law Update: Aecon Buildings v. Brampton Civil procedure Third party procedure Discovery Production and inspection of documents “Mary Carter”-type Settlements Immediate Disclosure
Case Law Update: Vancouver (City) v. Zhang Enforcement of Municipal By-Laws Injunctions Constitutional Law Freedom of Expression under s. 2(b)
Case Law Update: Century Services Inc. v. Canada (Attorney General) Bankruptcy and Insolvency Companies’ Creditors Arrangement Act Priorities
Case Law Update: City of Ottawa v. Ontario (Information and Privacy Commissioner) Judicial Review Access to Information and Protection of Privacy under the Municipal Freedom of Information and Protection of Privacy Act
Case Law Update: Brown v. Canada (Attorney General) Civil procedure Third party procedure Discovery Production and inspection of documents “Mary Carter”-type Settlements Immediate Disclosure
Case Law Update: Canada (Attorney General) v. Telezone Administrative Law Judicial Review and Statutory Appeal Tort Law Practice and Procedure
Jan 5, 2011Are Pension Benefits Deductible from Wrongful Dismissal Damages? Introduction The general measure of damages in a wrongful dismissal case is the amount that an employee would have earned had he or she been given proper…
Jan 1, 2011The Search for a Meeting of Minds in the Interpretation of Ontario’s Municipal Conflict of Interest Act Areas of ambiguity in the Act continue to cause confusion and uncertainty. This article clarifies the intent and effect of the Act.
A Strong Prima Facie Case for Rationalizing the Test Applicable to Interlocutory Mandatory Injunctions Download PDF to read full article.
Book Review: The Duty to Consult – New Relationships with Aboriginal Peoples The duty to consult Aboriginal peoples requires the Crown to speak with First Nations, Inuit peoples, and Métis communities before undertaking action which may adversely impact those groups’ constitutional rights.
Urban Renewal and Community Revitalization: Tools That Can Help One of the greatest challenges facing municipal governments today is the need to stimulate economic development and urban renewal.
Dec 20, 2010Case Law Update: Nemeth v. Canada (Justice) Immigration and Refugee Law Extradition Principle of non-refoulement
Case Law Update: Bank of Montreal v. Innovation Credit Union Security Interests Priority Competing Statutory Interests
Case Law Update: City of Toronto v. WJ Holdings Appeal Jurisdiction of Ontario Municipal Board Statutory Deadlines
Case Law Update: Her Majesty the Queen in Right of the Province of Newfoundland and Labrador v. Abitibibowater Inc., et al. Bankruptcy and Insolvency Companies’ Creditors Arrangements Act Provincial Obligations
Case Law Update: E. Anthony Ross v. Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Limited Appellate Jurisdiction – Civil Procedure – Privy Council The plaintiff obtained a judgment in the courts of Saint Christopher and Nevis (“Nevis”). The Nevis Court of Appeal…
Case Law Update: Liberty Mutual et al v. Donatelli et al. Security for Costs Libel and Slander Act Civil Procedure
Dec 1, 2010Mission Impossible: Estate Planning and Assisted Human Reproduction This article was prepared by WeirFoulds Partner Clare E. Burns and Summer Student Anastasjia Sumakova.