News & Publications Results
Related items for Practice area: Litigation & Dispute Resolution.
|New Civil Rules, Family Rules and Court Fees
The Province has adopted new civil and family court rules that are to be fully implemented by July 1, 2010. The aim of the new rules is to make it easier for the average citizen to access the courts to resolve legal disputes. The new rules are intended to speed up the process, lower the costs associated with litigation and simplify the litigation process.
|Greater Vancouver Transportation Authority v. Canadian Federation of Students
On July 10, 2009, the Supreme Court of Canada delivered reasons in Greater Vancouver Transportation Authority v. Canadian Federation of Students, 2009 SCC 31 [GVTA]. This case is important because it further delineates the right to freedom of expression protected in section 2(b) of the Canadian Charter of Rights and Freedoms. Secondly, the Court elaborates on the principles that will be applied in determining whether certain entities will be considered “government” for the purposes of the Charter.
|Cross-Examination in Tribunal Hearings
This article considers some cross-examination issues that arise in tribunal hearings. Issues arise because cross-examination in tribunal hearings is used by more participants, and for more purposes, than in a traditional courtroom setting - but the rules and practices that govern the use of cross-examination were not developed in anticipation of those additional users or uses.
|Have Pension Class Actions Altered Traditional Trust Cost Rules? A Recent Trend
Three recent decisions from Ontario, Nova Scotia, and British Columbia may change the way in which pension litigation is funded in Canada and indicate that the courts may be taking a different approach to funding issues than in the past. Traditionally, in such cases, it was not uncommon for a plaintiff to be indemnified out of the pension fund thereby shielding unsuccessful plaintiffs from adverse costs awards.
|Contract Law Update: Developments of Note
A survey of some of the jurisprudential contexts in which legal drafting has been scrutinized by the courts. This paper also addresses some areas of contract law of continuing interest to solicitors drafting commercial agreements because the law impacts on drafting choices they will make.
|The Law of Defamation: A Primer
A brief overview of the basic principles of the law of defamation. Defamation is a "tort" or civil wrong for which a court, in a proper case, will provide the wronged party with a remedy in an action for damages.
|Just a click away?: Internet hyperlinks and defamation liability
Article which appeared in The Defamation Column of Canadian Corporate Counsel, Vol. 18, No. 3 (Nov/Dec. 2008), detailing a British Columbia Supreme Court judge's dismissal of a defamation claim brought by Wayne Crookes.
|Safe to Slander City Hall? Ontario Court Bars Defamation Suits by Government Bodies
Two recent Ontario decisions have broken with the precedent in which a municipal corporation had the same powers as any other corporate body, including the right to protect its reputation by suing in defamation in its own right. These two decisions have left in doubt whether municipal goverments (outside Ontario) can sue for defamation.
|Cusson v. Quan: The "Responsible Journalism" Defence Comes to Canada
In its 2007 decision in Cusson v. Quan, the Ontario Court of Appeal took note of public interest considerations in recognizing the "public interest responsible journalism" defence first articulated nearly ten years ago by the House of Lords.
|Supreme Court of Canada Appeal
Supreme Court of Canada hears forum non convenient appeal.
On November 17, 2008, the Supreme Court of Canada heard the appeal in Teck Cominco Metals Ltd. v. Lombard General Insurance Company of Canada, a decision of the British Columbia Court of Appeal.
|Pollution Exclusion Clauses: An Analysis of the Canadian Jurisprudence
This paper addresses a number of issues with respect to the pollution exclusion clauses commonly contained in Commercial General Liability insurance policies. In particular, this paper considers how Canadian courts have interpreted and applied the standard wording of pollution exclusion clauses, and how they have decided coverage disputes involving pollution exclusion clauses.
|Pension and Employee Benefit Class Actions - The Defence Perspective
Pension and benefit plan administrators are becoming increasingly familiar with litigation and in particular, class proceedings. We have seen a tremendous increase in both the number of pension and the breadth of issues raised in those actions. What are some winning strategies for defendants in pension class actions?
|The Implied Undertaking Rule
The implied undertaking rule has been established as a part of the common law across Canada and in some provinces has been codified as a part of the rules of court. Despite the prevalence and prominence of the implied undertaking rule, interesting questions remain as to its rationale, scope, and implementation in practice. This paper will attempt to explore some of those issues.
|Understanding Arbitration Clauses in Class Actions: Have the Sands Shifted Once Again?
This paper will first review the history of the conflict between class proceedings and arbitration in Canada, and then address whether Union des consommateurs v. Dell Computer Corp. has provided guidance that arbitration agreements should, in general, be respected and that class proceeding legislation should not be regarded as providing a substantive ground to negate an arbitrator’s jurisdiction.
|Pension Dispute Arbitration Prevails Over Class Proceedings
In finding that arbitration prevailed over class proceedings, the British Columbia Court of Appeal has effectively ruled that a wide range of pension disputes in British Columbia can be put in the hands of a private arbitrator, rather than be subject to class proceedings, if one of the parties to the disputes wishes to do so.
|Claims for Misfeasance in Public Office: A Brief Summary
In the last decade, plaintiffs unhappy with the economic impact that decisions or actions of public authorities have had on them have increasingly turned to the tort of misfeasance in public office (also referred to as abuse of power or abuse of authority) as an avenue for obtaining compensation.
|Pension Plans Under Attack: Protecting Your Fund From Class Action Litigation
Litigation is a fact of life for pension and benefit plan administrators and sponsors. The scope, frequency and complexity of litigation in this area continue to increase each year. The purpose of this paper is to discuss and update the current trends in pension and benefits litigation as they relate to class actions.
|Religion and the State, presented at the CBA Canadian Legal Conference
A consideration of the development of the jurisprudence surrounding Freedom of Religion by examining the early section 2(a) cases and the focus on a number of recent cases from the Supreme Court of Canada that have explored the issues of religion and the state.
|Focus on Civil Litigation: Inter-Jurisdictional Muddle Inspires Class Actions Report Recommendations
The Uniform Law Conference of Canada recently drafted a report that addressed the desirability of allowing national or multi-jurisdictional class actions.
|Pension Arbitration Trumped by Class Proceeding Legislation
Over the past few years, courts in Canada have faced the apparent conflict between competing statutory mandates with respect to class proceedings and arbitrations. The British Columbia Court of Appeal resolved the statutory conflict by requiring a court to weigh the circumstances of each case to determine whether a class proceeding or arbitration is the preferable procedure.