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Pre-Trial Motions Canada

Stikeman Elliott LLP

Obtaining a Court Order to Question a Corporation’s Third-Party Service Providers is a High Bar to Meet under the Alberta Rules of...

Stikeman Elliott LLP on

Alberta’s Rules of Court (the “Rules”) ensure that only parties to a litigation are allowed to be subjected to pre-trial questioning. A narrow exception for this general principle lies in Rule 5.18, which allows parties to...more

Bennett Jones LLP

Court of Appeal Clarifies When Cross-Examination on Affidavits May Be Permitted in Pre-Trial Applications

Bennett Jones LLP on

In British Columbia, cross-examination on affidavits in the context of pre-trial applications is not as of right, as is the case in many other Canadian jurisdictions. Absent agreement, a party seeking to do so in B.C....more

Smart & Biggar

A limit on demand letters: Federal Court grants rare pre-trial injunction barring potentially false or misleading cease and desist...

Smart & Biggar on

In a recently published decision (Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81), the Federal Court granted a pre-trial injunction sought by the Defendant, Exaltexx Inc. (Exaltexx), enjoining the Plaintiff, Fluid Energy...more

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