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Litigation

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Oct 1, 2010

Growing Pains – Legal Report: Wills, Trusts & Estates

While collaborative family law is growing exponentially and has almost acquired mainstream status, it is very much in its infancy in estate law. Practitioners extol the concept…

WeirFoulds LLP Litigation Update – September 2010

Seven updates on cases released during September and October 2010.
Sep 28, 2010

Chasing cash in the Caribbean

There is lots of legal work to be done in the Caribbean. When disputes arise with firms or hedge funds, the litigation path often follows the money…
Sep 13, 2010

Employment-equity review leaves observers puzzled

Employment-equity policies in the federal public service reviewed by Treasury Board President Stockwell Day.
Sep 11, 2010

Tribunal asked to suspend University of Windsor dean search over racist claim

A University of Windsor law professor asks the Human Rights Tribunal to suspend the search for a new law dean on campus.
Sep 10, 2010

Windsor law dean candidate alleges racism

A law professor asks the Human Rights Tribunal to force the University of Windsor to appoint her dean of law after her candidacy was spoiled by accusations.

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Aug 24, 2010

Ontario Rules of Pre-trial Documentary Discovery

The top ten reasons to choose Ontario for your litigation. Download the PDF on the left for the full article.
Aug 2, 2010

The Law of Electronic Discovery: New Book Unplugs Cyperspace

This text is almost certain to become the leading Canadian reference source for lawyers and litigants regarding electronic documents and the law of electronic discovery. Download a…
Aug 1, 2010

Damages for Unconstitutional Actions: A Rule in Search of a Rationale

The courts have severely restricted the scope for damages as a remedy for constitutional violations.

Quiz: Workplace Violence and Harassment – New Obligations for Employers under OHSA

Recent amendments to Ontario’s Occupational Health and Safety Act provide heightened health and safety protection for workers.
Jul 30, 2010

Effective Cost Management in Litigation

Changes made to the Rules of Civil Procedure in Ontario in January of this year have given judges a new power to determine key issues in a lawsuit, before a full-blown trial.
Jul 21, 2010

Conrad Black’s Case: Implications on Policy

Interview of Peter Biro, Partner, by Business News Network regarding implications of Conrad Black case on policy going forward and what this case tells us about our…
Jul 20, 2010

Councillor Successful in Protecting Council Funds

The City of Toronto had no legal power to indemnify two Council members for legal costs incurred in responding to compliance audit requests.
Jul 15, 2010

Heart Lake Appeal Heard in Court

The lawyers presented their arguments and now a judge will take the next few weeks to decide whether the Ontario Municipal Board (OMB) was right to approve…
Jul 9, 2010

Case Comment: Try and Try Again CCAA Court Orders Union Members to a Second Vote

Judgment of Quebec Superior Court (June 11, 2010) in restructuring proceedings of AbitibiBowater Inc.
Jul 7, 2010

Loomba wins human rights ruling

Ontario’s Human Rights Tribunal has ruled that one of Home Depot’s senior employees discriminated against a Sikh security guard.
Jul 2, 2010

Turban trumps hard hat; Tribunal

Tribunal rules that Sikh security guard discriminated against for refusing to replace turban with hard hat.

Home Depot discriminated against Sikh man

Tribunal says company ‘selectively enforced’ hard-hat rule and targeted turban-wearing guard.

Turban trumps hard hat

A Home Depot manager discriminated against a Sikh security guard who refused to replace his turban with a hard hat.

Air India report faltered on racism issue: Attorney

Toronto attorney Raj Anand, who represented six families of victims, said Justice John Major’s report on the Air India tragedy was well done, “but the process was…
Jun 28, 2010

PILT ruling gives cities ‘greater certainty’

Supreme Court of Canada decision in Montreal (City) v. Montreal Port Authority upholds authority to collect payments from federal Crown agencies.
Jun 24, 2010

Black’s Fraud Conviction Set Aside

Interview of Peter Biro, Partner, by Business News Network about the U.S. Supreme Court decision to set aside Conrad Black’s fraud convictions. Link: http://watch.bnn.ca/clip317894#clip317894.
Jun 14, 2010

Case Law Update: The Supreme Court of Canada Finds that Administrative Tribunals have the Jurisdiction to Grant “Charter” Remedies

The Supreme Court of Canada has removed any lingering doubts that administrative tribunals have the authority to grant “Charter” remedies.

Legislative Update: Ratepayers Challenge the Constitutionality of Parts of Ontario’s Green Energy Law

An important part of Ontario’s green energy initiative is legislation that seeks to levy a so-called special purpose charge (“SPC”) on ratepayers.
Jun 1, 2010

“Clarity is crucial” in avoiding disputes

Clarity is the big issue in the construction industry. Practices evolve, but the fundamental rules remain consistent.

Case Law Update: Bell Canada v. Rogers Communications Inc.

2010 ONSC 3010, released 27 May 2010Interlocutory Injunctions Irreparable Harm Delay

International Transport Quiz

Anever smaller world means more multi-jurisdictional litigation, with interprovincial, cross-border, and international business and transport raising many jurisdictional issues.

Case Law Update: Piresferreira v. Ayotte

[2010] O.J. No. 2224, released 28 May 2010Employment Law – Causes of Action Negligent Infliction of Mental Suffering Not Available in Employment Context

Case Law Update: Toronto Star Newspapers v. Canada

2010 SCC 21, released 10 June 2010Constitutional Law Mandatory Publication Bans at Bail Hearings do not Infringe the Freedom of Expression Guarantee under the Charter

Legislative Update: Energy Consumer Protection Act, 2010

Ontario Bill 235 received Royal Assent on May 18, 2010. The purpose of the new legislation is to provide safeguards for energy consumers.

Case Law Update: United States v. Yemec

2010 ONCA 414, released 8 June 2010Enforcement of Foreign Judgments Defences Meaningful Opportunity to be Heard Equitable Orders Injunctions

Case Law Update: R. v. Conway

2010 SCC 22, released 11 June 2010Administrative Law Charter Remedies Jurisdiction of Administrative Tribunals

Case Law Update: Yugraneft Corp. v. Rexx Management Corp.

2010 SCC 19, released 20 May 2010Enforcement of Foreign Judgments – Arbitration Awards – Limitation Periods

Case Law Update: Baryluk v. Warner Bros. et al.

2010 MBQB 66, released 28 April 2010Costs Costs Against a Lawyer Personally
May 5, 2010

Ontario Court of Appeal Confirms Limits on the Freedom of Publicly Regulated Companies

There is an important distinction between private corporations and publicly regulated corporations (Toronto Hydro-Electric System Limited and the Ontario Energy Board).
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