Canada

Top 5 Civil Appeals from the Court of Appeal (May 2013)

In a recent decision, the Divisional Court of Ontario further confirmed the approach to, and difficulty with, "misclassification" overtime class-actions.

A discussion on whether a party that has failed to consummate a transaction can get back a deposit.

The Supreme Court of Canada heard arguments this week in three cases of interest to Canadian business and professions, and reserved judgment in each.

A summary of Lerners' Top 5 Ontario civil appeals decisions from April, 2013.

A discussion on a recent case where the plaintiff argued that e-mails between 8 identified principals of the employer which mentioned his name should be produced.

A discussion on a recent case, where the subject matter involved the termination of an employee and allegations of bad faith against the former employer.

A discussion on a recent case, where both parties in the matter complained of deficient documentary disclosure but for different reasons.

In September, 2010, the Statutory Accident Benefits Schedule was amended to introduce the Minor Injury Guideline.

The Ontario Court of Appeal has confirmed the proper reading of the latest Alberta Court of Appeal decision on service ex juris under Alberta law.

The Ontario Court of Appeal has recently released its decision in 1250264 Ontario Inc v Pet Valu Canada Inc, which addresses the propriety of communications among class members during the "opt-out" period when class members may remove themselves from a class proceeding.

The Supreme Court of Canada recently rendered a decision in Penner v Niagara, regarding the application of issue estoppel.

The decision handed down by trial judge Daniel H. Tingley in a case pitting 21 former "Dunkin' Donut" franchisees against their franchisor, Dunkin' Brand Canada Ltd. ("Dunkin' Brands"), was appealed by Dunkin' Brands on July 23, 2012.

Those who have been following the progress of the securities class action saga of Silver v. IMAX will be interested to note that another decision in the long-running case has been released.

The Quebec Superior Court has recently rendered a unique decision limiting class actions in an important way.

A discussion on whether a defendant can be liable for failing to warn about a risk which does not materialize, where this leads the plaintiff to be injured by a second undisclosed risk that, unlike the first, would not have influenced the plaintiff if disclosed.

Angelo Caradonna and Alessio Vella entered into a business venture and together opened a joint bank account taking possession of shares of three properties.

State Representative Jeff Leach of Texas recently proposed a bill that has generated significant discussion about the utility of social media in litigation proceedings.

The Ontario Court of Appeal, in reversing a controversial decision that re-opened the opt-out period in a certified class action, has confirmed that class members have "an unassailable right to speak out in opposition to the class proceeding in an attempt to convince other class members to opt out" of the class action, as long as the individual decisions to opt out are not coerced and remain voluntary and informed.

A discussion on a recent case, where the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective wind turbine project, granting the defendants’ motions for summary judgment.