Litigation Archives : 2014

Legal Wit —

The trial began, quite unremarkably, on a sunny summer day in July of 2011.

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This post discusses a recent decisions of the BC Court of Appeal that discusses whether costs awards can include interest for disbursement loans.

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Phrase of the Week - Matters of General Importance

Valemont Group Ltd. v. Philmor Goldplate Homes Inc. | 2010 CarswellOnt 3991 (Ont. Div. Ct.) Sachs J.

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Legal Wit — No Need To Insult Snails

There is no doubt that the delay in this case is inordinate in the extreme.

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This post discusses a recent decisions of the BC Court of Appeal that discusses whether the "rough and ready" approach is appropriate when awarding special costs.

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Word of the Week - Inexcusable

Law v. Whelan | 2012 CarswellOnt 1390 (Ont. S.C.J.) | Corbett J.

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Legal Wit — Defendants Not Just Along For the Ride

Defendants are not required to go along for the ride while a plaintiff learns the "in's and out's" of litigation or explores alternatives to his complaints.

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Vilardell v. Dunham | 2014 CarswellBC 2873 | Supreme Court of Canada

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Cuff v. Gales | 2014 CarswellOnt 11229 | Ontario Superior Court of Justice

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Legal Wit — Nice Try, Justice

So, in the circle of life that is the Toronto motions culture, an Issues List developed at the suggestion of an experienced case management judge to avoid summary judgment motions and to secure an expedited trial of a dispute on its merits, now finds itself confined to the dustbin of "judicial nice tries", with the parties turning their backs on the proffered expedited trial date and hunkering down for summary judgment motions.

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Phillion v. Ontario (Attorney General) | 2014 CarswellOnt 10370 | Ontario Court of Appeal

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Khadr v. Edmonton Institution | 2014 CarswellAlta 1182 | Alberta Court of Appeal

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