Litigation, Canada updates

Lloyd's Prospectus Failure Not Fatal to Judgments
  • Canada
  • August 27 2002

The Ontario Court of Appeal has allowed the Society of Lloyd's application for English judgments against Canadian member names to be registered and enforced in Ontario. The court that found the failure of Lloyd's to meet the Securities Act prospectus requirements did not render the judgments unenforceable.

Court Rules No Class Certification for Indirect Purchasers
  • Canada
  • December 18 2001

The effect of the Chadda v Bayer decision is that, in future, it will be very difficult to pass the test for certification of indirect purchaser classes in Competition Act private actions.

Supreme Court Considers Doctrine of Issue Estoppel
  • Canada
  • November 06 2001

The Supreme Court of Canada has ruled that courts have discretion to refuse to apply the issue estoppel doctrine where the technical prerequisites are met but injustice may result.

Overview (October 2001)
  • Canada
  • October 23 2001

Including: Canadian Courts; Quebec Civil Law; Contingency Fees; Class Proceedings; Case Management; Ontario's Mandatory Mediation Programme; The Toronto Commercial List; Limitation Periods; Costs; Security for Costs; Enforcement of Foreign Judgments in Canada.

Ontario Appeal Court Damns Best Beaver
  • Canada
  • September 25 2001

A recent Ontario Court of Appeal decision sends a message that owners, officers and directors can be held to account if they authorize an otherwise legitimate corporate reorganization that has the effect of placing a corporation's assets outside the reach of its existing and contingent creditors.

Ontario Court Allows Contingency Fees
  • Canada
  • April 17 2001

For many years, the courts and members of the legal profession have been asking for legislation allowing contingency fees in Ontario. So far the legislature has not acted. The Superior Court has now taken the initiative and approved contingency fees in two recent decisions.

Court Affirms Liability of Directors and Officers
  • Canada
  • April 10 2001

In a recent case the Ontario Court of Appeal continued the trend of finding that directors, officers and employees of corporations can be held liable for torts committed personally, even if they were acting in the course of their duties or in accordance with the best interests of the corporation.

Court Considers Impact of Parallel Proceedings
  • Canada
  • April 03 2001

One of the problems facing Ontario courts is the existence of parallel legal proceedings in other jurisdictions and the impact these proceedings can have on the power of the Ontario courts to adjudicate claims brought under the Class Proceedings Act 1992. Two recent decisions are discussed.

Court Excuses Registrar from Floating Duty of Care
  • Canada
  • December 12 2000

A recent case centred on whether a duty of care is owed by public authorities in the exercise of discretionary powers. The plaintiff and several thousand other private investors brought an action against the regulatory body charged with the administration of the British Columbia Mortgage Brokers Act.

Court Strengthens Duty to Advise of Litigation Risks
  • Canada
  • November 28 2000

The Ontario Court of Appeal recently held that a defendant law firm breached its duty of care in failing to advise an insurance company to refuse to defend an insured. The court applied an extremely high standard of care to the conduct of the lawyer in question.

Principle of Sovereign Immunity Reaffirmed
  • Canada
  • November 28 2000

The result of a recent Ontario Court of Appeal's decision is confirmation of the principle of sovereign immunity and the strict exceptions to it. However, the principle creates an immunity from the jurisdiction of the courts, not an immunity from liability.

Sealed Contract Rule: Modern-Day Relevance?
  • Canada
  • September 12 2000

The Supreme Court recently examined whether the sealed contract rule is outdated. The court held that the rule does not violate the basic principles of contract and agency, and that the common law should be changed only when there are compelling reasons for reform.

Overview (May 2000)
  • Canada
  • May 16 2000

Including: Canadian Courts; Quebec Civil Law; Contingency Fees; Class Proceedings; Case Management; Ontario's Mandatory Mediation Programme; The Toronto Commercial List; Limitation Periods; Costs; Security for Costs; Enforcement of Foreign Judgments in Canada

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