litigation

  • Bird's-eye view

    Bird's-eye view

    Jun 27, 2019

    From the burgeoning cannabis industry to established actuarial and real estate companies, the five general counsel on this year’s panel all say their jobs are so much more than providers of legal advice or risk analysis to their companies.

  • Training around workplace sexual harassment needs careful approach

    Training around workplace sexual harassment needs careful approach

    Jun 27, 2019

    Some high-profile cases of alleged sexual harassment or assault in the workplace in recent years have ensured that this is an issue that all employers, regardless of size, need to confront and try to minimize as best as possible the risk of it taking place in the future.

  • Head of the table: Where are the lawyers?

    Head of the table: Where are the lawyers?

    Jun 27, 2019

    Whether external or general counsel, lawyers quickly earn a seat at the “head table” and become the trusted go-to advisor for decision-makers in a company. Major transactions, decisions and plans will involve a lawyer, and their input is critical.

  • No mulligans: The SCC highlights the ‘difficult strategic choice’ faced by Quebec defendants sued abroad

    Jun 27, 2019

    Recently, in Barer v. Knight Brothers LLC, the Supreme Court of Canada clarified the applicable threshold for a party’s submission to a foreign court’s jurisdiction under the Civil Code of Quebec.

  • Communication while in crisis

    Communication while in crisis

    Apr 30, 2019

    If circumstances arise where there is a need to consider retaining outside litigation counsel, it is almost certainly not a good news situation for a private sector company or government entity.

  • Courts struggle on causation tests in some malpractice cases

    Courts struggle on causation tests in some malpractice cases

    Apr 30, 2019

    A recent decision from the Court of Appeal for Ontario highlights uncertainty in the law surrounding causation in medical malpractice cases of delayed diagnosis allegations, according to a lawyer that worked on the case.

  • E-discovery evolution

    E-discovery evolution

    Apr 29, 2019

    Digital tools to use in discovery have been evolving over the past decade or so, from glorified Excel databases to very technically sophisticated software.

  • Appeal court affirms Crown immunity from police negligence claims

    Appeal court affirms Crown immunity from police negligence claims

    Apr 26, 2019

    The Court of Appeal of Ontario upheld a decision to reject a negligence-based claim against Crown lawyers.

  • British Columbia AG limits expert use in injury claims

    British Columbia AG limits expert use in injury claims

    Apr 17, 2019

    British Columbia has brought in amendments to its Supreme Court Civil Rules regulations, which will limit the number of experts and expert reports that can be used in motor vehicle disputes, with further amendments effective next year on all injury claims.

  • Back to basics

    Back to basics

    Mar 25, 2019

    For lawyers who practise insurance defence in personal injury cases, both in-house and external counsel, the past 12 months have not been marked by landmark Supreme Court decisions or other major developments that impact this area of the profession on a daily basis.

  • Root for the Forum Conveniens Team

    Mar 25, 2019

    Home court advantage is a much-discussed critical advantage in sports. In other contexts, home court also has clear benefits, including familiarity, efficiency and convenience.

  • Ethical traps facing arbitrators who also litigate

    Mar 11, 2019

    While arbitrators have a variety of academic and practical backgrounds, many are litigation lawyers. And some wear two hats; carrying on civil litigation and arbitration practices simultaneously. At times, arbitrators act as counsel in wholly unrelated actions for one of the parties to an arbitration while arbitrating. Given the statutory duties that apply with respect to fairness, impartiality and lack of bias, the two fundamental issues they face are compliance with those duties where there are any conflicts of interest and the effect of those conflicts on the legitimacy of arbitration.

  • Moving 
in tandem 
with growth

    Moving 
in tandem 
with growth

    Feb 4, 2019

    From banking and manufacturing to tech and insurance, these in-house counsel are focused on the changing business objectives of the companies they serve.

  • Blockchain justice

    Blockchain justice

    Jan 21, 2019

    While litigation surrounding blockchain has so far almost entirely centred around crypto-currencies, that’s expected to change.

  • Court restricts unprecedented deal to fund heart implant case

    Court restricts unprecedented deal to fund heart implant case

    Nov 8, 2018

    A panel of judges at the Superior Court of Justice Divisional Court upheld the lower court’s set of conditions on a third-party funding class action agreement by Bentham IMF Capital Ltd., saying the agreement as it was currently written connoted that the representative plaintiffs “are working on behalf of Bentham.”

  • The (social media) evidence is clear

    The (social media) evidence is clear

    Sep 24, 2018

    With technological advances and an increased use of social and digital media as evidence in cases, litigators today may have significant social media evidence on which to draw.

  • How to use Google’s ‘My Activity’ to your advantage in litigation

    Aug 27, 2018

    A few weeks ago, I discovered Google’s My Activity system — not only its ability to intrude on your personal privacy by tracking your movements and thoughts on any given day but its utility to my legal practice and the endless possibilities for lawyers like me with respect to the information stored on an individual.

  • Thornhill lawyer is Jeopardy! winner

    Thornhill lawyer is Jeopardy! winner

    Aug 8, 2018

    A Thornhill, Ont. lawyer says his experience as a litigator prepared him well for his adventure as a contestant on Jeopardy!. He appeared in two episodes of the game show.

  • Five partners leave McLean & Kerr for Dentons Canada

    Five partners leave McLean & Kerr for Dentons Canada

    Jul 24, 2018

    Dentons Canada announced Tuesday that 10 individuals from McLean & Kerr LLP, a boutique law firm known in the Toronto market for its commercial real estate and litigation practice, were joining the firm in Toronto.

  • Judge orders Nova to pay $1.3 billion in battle of chemical giants

    Judge orders Nova to pay $1.3 billion in battle of chemical giants

    Jun 29, 2018

    In a case involving two of the biggest rivals in the chemical sector a Calgary judge last week awarded Dow Chemical $1.3 billion for damages against Nova Chemicals Corporation and potentially another $300 million could be on the horizon.