Litigation Archives : 2016

Digest of the Week | Application to Strike General Principles

The New Brunswick Court of Queen’s Bench considers the effect of waivers in light of Rule 23 of the New Brunswick Rules of Court.

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westlaw Canada is the 2016 Winner of the Hugh Lawford Award

We are excited to announce that last week, westlaw Canada received the Hugh Lawford Award for Excellence in Legal Publishing.

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Word of the Week | Subject to the Rules of Court

Calgary (City) v. Resman Holdings Ltd. (2016), 2016 CarswellAlta 508, 2016 ABCA 81 (Alta. C.A.)

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The Alberta Court of Appeal reviews the rules regarding limitation periods for actions against barristers and solicitors.

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Word of the Week | Awarding Costs

Hession v. Black Construction Services Inc. (2015), 2015 CarswellOnt 17426, 2015 ONSC 7047 (Ont. S.C.J.)

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In this recent decision, the Saskatchewan Ontario Court of Appeal reviews Saskatchewan’s new summary judgment rules for the first time.

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A recent decision of Supreme Court of Canada allowing a motion to strike the affidavit of an expert.

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Watt v. Health Sciences Assn. (2015), 2015 CarswellBC 3869, 2015 BCSC 2468 (B.C. S.C.) at para. 10 Punnett J.)

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Kim Orr honest performance car

In the Special Focus section of this newsletter, the authors review the decision Mayotte v. Ontario which interprets and applies the scope of the duty of honest performance as set out by the Supreme Court of Canada in the case of Bhasin v. Hrynew.

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Federal Court of Appeal case which found that when a claimant has been found inadmissible for security reasons, no discretion to determine refugee eligibility.

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British Columbia case in which the appellant raised a ground of appeal that had not been argued at trial.

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Failure of car's emergency brake not in control of defendant, didn't constitute negligence.

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