PRACTICE AREA: Litigation

Enhanced Text and Annotations Library

The enhanced Text and Annotations Library is coming soon in September on westlaw Canada.

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Word of the Week | Proportionality

Condominium Corp. No. 311443 v. Goertz (2016), [2016] A.J. No. 1195, 2016 ABCA 362, 2016 CarswellAlta 2202 (Alta. C.A.) at para. 49 McDonald, Bielby and Wakeling JJ.A

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Digest of the Week | Functions of Judge and Jury

The Ontario Court of Appeal found that the trial judge properly instructed the jury on the fact that it was the trier of facts and clearly instructed the jury on legal issues such as the difference between negligence and error in professional judgment, and the onus of proof.

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Word of the Week | Boomerang Summary Judgment

Toronto Standard Condominium Corp. No. 2130 v. York Bremner Developments Ltd. (2016), 2016 ONSC 5393, 2016 CarswellOnt 13671 (Ont. S.C.J.) at para. 117 Myers J.)

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The Alberta Court of Appeal allows a defendant in one application to be added as a respondent in the appeal of another defendant.

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John Deere Financial Inc. v. 1232291 Ontario Inc. (2016), 2016 ONCA 838, 2016 CarswellOnt 17437 (Ont. C.A.) at para. 39, 42 Hoy A.C.J.O. (Benotto and Lauwers JJ.A. concurring)

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Digest of the Week | Discovery of Documents

The British Columbia Court of Appeal considers the issue of resisting production of documents in the discovery process.

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CED:  An Overview of the Law - Torts: Principles of Liability

This excerpt provides an introduction to the principles of liability in Canadian tort law. Topics covered include volition, motive, mistake, duty to the injured party, interest harmed, burden of proof, and concurrent liability in contract and tort.

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Word of the Week | Service of process

Haymour v. Acielo (2016), 2016 CarswellAlta 1644, 2016 ABCA 251 (Alta. C.A.) at para. 33, 39 Rowbotham J.A. (Berger and Martin JJ.A. concurring)

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Digest of the Week | Evidence on appeal

The Ontario Divisional Court reviews the powers and duties of an appellate court when considering new evidence on an appeal.

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Tri Level Claims Consultants Ltd. v. Koliniotis (2005), [2005] O.J. No. 3381, 15 C.P.C. (6th) 241, 257 D.L.R. (4th) 297, 201 O.A.C. 282, 2005 CarswellOnt 3528 (Ont. C.A.) at para. 34 McMurtry C.J.O., Doherty and LaForme JJ.A.

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Digest of the Week | Discovery of documents

The solicitor client privilege applied to emails on a corporate server even though the corporate policy manual indicated that emails were not guaranteed to be private and even though there was a later change in policy regarding corporate computer use for personal matters.

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