In Dawson-Damer a trustee had used Section 83(8) as a basis to refuse a disclosure request.
British Virgin Islands
An aggrieved party which has started proceedings in the BVI must seek court permission to serve the claim form out of the jurisdiction on a foreign defendant.
McCarthy Tétrault LLP
On October 9, 2020, the Supreme Court of Canada released its judgment in Matthews v. Ocean Nutrition Canada Limited. McCarthy Tétrault LLP represented the Canadian Association of Counsel to Employers
Blaney McMurtry LLP
There were only two substantive civil decisions release by the Court of Appeal for Ontario this past week. Both related to the enforcement of settlements, one of a debt, the other of a medmal claim.
McLennan Ross LLP
In a world where the costs of hiring legal representation continue to increase, the presence of individuals representing themselves in legal proceedings, otherwise known as ...
McCague Borlack LLP
In the recent reconsideration decision of 2020 ONLAT 19-006032/AABS, McCague Borlack LLP's Mahroze Khan was successful in having the applicant's request...
McCarthy Tétrault LLP
The filing of concurrent multi-jurisdictional class actions applications based on the same facts has long been a thorn in the side of judicial federalism.
Miller Thomson LLP
The Alberta Court of Appeal recently considered whether the cost to correct structural damage caused by a contractor was covered by a multi-peril insurance policy that excluded coverage for faulty workmanship.
On October 9, 2020, the Supreme Court of Canada issued its much-anticipated decision in Matthews v Ocean Nutrition Canada Ltd...
McLeish Orlando LLP
In the aftermath of Childs v. Desormeaux 2006 SCC 18, courts noted that potential liability on hosts could be found if there existed "something more" than serving alcohol to guests at a private social gathering.
Khaitan & Co
A three-judge bench of the Supreme Court, in Aryan Raj v. Chandigarh Administration and Ors.
The decision, given in The Financial Reporting Council Ltd v Fraser Group plc (formerly Sports Direct International plc), is a reminder that for litigation privilege to apply...
In two recent cases, Ms Justice Baker of the Supreme Court, held that public bodies are required to provide substantive reasons for any refusal to disclose certain confidential...
On 9 October 2020, the English Supreme Court (the "Court") in Enka Insaat Ve Sanayi AS ("Enka") v OOO Insurance Company Chubb ("Chubb") clarified the applicable principles for determining the...
The process of "disclosure", as it is known in England and Wales, or "discovery", as it is known in the US and in much of the Commonwealth, is for many civil law practitioners an unknown and conceptually alien legal construct.
Yargıtay 11. Hukuk Dairesi, alacak ve tazminat talepli ticari davalar açısından zorunlu arabuluculuğun, "davaların yığılması" durumunun meydana geldiği, konusu parasal olmayan talepler ile birlikte açılan ...
It is widely recognised that adverse costs orders represent one of the main risks to parties involved in litigation.
Veale Wasbrough Vizards
In the case, Chell v Tarmac Cement and Lime Ltd, Mr Heath and Mr Chell both worked on the same site operated by Tarmac. Mr Heath was employed by Tarmac and Mr Chell was a contractor supplied
BCL Solicitors LLP
BCL Associates Anoushka Warlow and Cindy Laing‘s article, discussing the safeguards surrounding the use of private prosecutions and their role in obtaining damages
Superstar footballer Lionel Messi usually graces the newspapers' sports pages, and whilst the press focused on his Manchester City transfer saga, Messi has been making headlines for another reason.