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Litigation Strategies Canada

Bennett Jones LLP

Similarity Between Cross-Jurisdictional Class Actions Is Not Enough to Justify Staying One Action Pre-Certification

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In InvestorCOM Inc. v. L’Anton, 2025 BCCA 40, the BC Court of Appeal upheld the chambers judge’s decision not to strike the plaintiff’s claim because of a parallel action in Ontario that also sought certification as a...more

Bennett Jones LLP

Divisional Court Clarifies Judicial Review Notice Requirements and May Make ODACC Determinations Publicly Available

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The Divisional Court’s recent decision in Gay Co. Ltd. v Sayers Foods Ltd., 2024 ONSC 6123 addressed two noteworthy issues for stakeholders in the Ontario construction industry, particularly industry participants who use the...more

Bennett Jones LLP

Ontario Superior Court Reminds Plaintiffs’ Counsel that Class Actions Notices Are Not Vehicles For Recruitment

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Pugliese v Chartwell, 2024 ONSC 7146 (Chartwell) explores the limitations of notice provisions under class proceedings legislation. Justice Morgan refused to authorize a notice plan providing for direct notice to proposed...more

Smart & Biggar

Costs awards in Canadian IP proceedings – update and future directions

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Most IP litigation in Canada takes place in the Federal Court. Pursuant to the Federal Courts Rules1, the Court has a broad discretion in awarding costs. However, the Federal Court will typically order the losing party to pay...more

Stikeman Elliott LLP

Class Actions in Ontario: 10 Highlights from 2024

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2024 was an active year in the class action arena. In this post, our Litigation group in Toronto discusses noteworthy developments over the past twelve months. While our focus is on cases and other developments affecting...more

Bennett Jones LLP

Ontario Court of Appeal Endorses a Flexible and Contextual Approach to Dismissal for Delay Under the Class Proceedings Act, 1992

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In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5 (Tataryn), the Ontario Court of Appeal clarified the test for determining whether a proposed class action should be dismissed for delay under section 29.1 of the Class...more

Stikeman Elliott LLP

Standard of Review for Challenges to Regulations: Important Guidance from the Supreme Court of Canada

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The Supreme Court of Canada (“SCC”) in two recent companion decisions, Auer v. Auer (“Auer”) and TransAlta Generation Partnership v. Alberta (“TransAlta”), has clarified that the reasonableness standard as set out in Canada...more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 18th, 2:00 pm PDT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 12th, 12:00 pm GMT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Bennett Jones LLP

Court of King's Bench of Alberta Indefinitely Suspends Judicial Dispute Resolution—What’s Next?

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The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial....more

Bennett Jones LLP

Alberta Court of King’s Bench Confirms Requirement for Immediate Disclosure of Pierringer Agreements

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When only some of the defendants to a lawsuit want to settle, Pierringer agreements can be an attractive solution. However, in a recent decision that adopted principles from Ontario jurisprudence, the Court of King's Bench of...more

Blake, Cassels & Graydon LLP

Alberta Replaces Summary Trials With Streamlined Trials

On January 1, 2024, new streamlined trials replaced summary trials in Alberta. In this bulletin, we summarize some of the changes between these two processes....more

Blake, Cassels & Graydon LLP

Cinq conseils pour une gestion proactive des litiges

Il est important d’adopter une approche structurée pour composer avec les complexités du domaine juridique. Dans cette édition de Cinq points, 5 minutes, nous présentons cinq stratégies essentielles qui contribuent à une...more

Blake, Cassels & Graydon LLP

Five Tips for Proactive Litigation Management

Navigating the complexities of the legal landscape demands a structured approach. In this Five Under 5, we outline five essential strategies that contribute to effective proactive litigation management....more

Esquire Deposition Solutions, LLC

Technology Is No Substitute for Careful Planning of International Depositions

No doubt remote deposition technology is compelling. Not only can remote depositions lower litigation spending and free up valuable attorney hours, they offer litigators the ability to efficiently depose witnesses located...more

Bennett Jones LLP

Discontinuance of a Class Action: A New Approach to Multijurisdictional National Settlements in Québec?

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Parallel class actions filed in multiple provincial jurisdictions are a common feature in Canadian class action litigation that often frustrate one of the very purposes of class proceedings—to support judicial economy....more

American Conference Institute (ACI)

[Event] 14th Annual Law of Policing Conference, Eastern Edition - May 3rd - 4th, Toronto, ON, Canada

The Canadian Institute’s 14th Annual Law of Policing Conference, Eastern Edition, returns with curated programming that delves into the most critical challenges and controversial issues facing police services, police...more

Rumberger | Kirk

Florida Car Accident Lawsuits: How to Apply the Brakes on Plaintiffs

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Looking for the Most Generous County - When a Canadian is sued in Florida, moving the case from the Florida state court system to the U.S. federal court system usually is a good move for the defense. But sometimes, making...more

Bennett Jones LLP

Litigation Privilege Protects Against Disclosure of Database of Records

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A litigation document management database does not have to be disclosed to the other side in a lawsuit, even where that leads to substantial expense and time consequences for a counterparty, the Federal Court of Appeal...more

Blake, Cassels & Graydon LLP

Les 5 principales façons dont la COVID-19 a transformé le règlement des différends

Au Canada, les tribunaux ont rapidement dû s’adapter aux restrictions liées à la COVID-19 en élaborant de nouvelles façons de juger les différends. Avec la levée des restrictions, les parties à un litige doivent désormais...more

Blake, Cassels & Graydon LLP

Top 5 Ways COVID Is Reshaping Dispute Resolution

Courts across Canada have rapidly adapted to COVID-19 restrictions by finding new ways to address disputes. As restrictions are lifted, litigants are now faced with a significantly altered dispute resolution landscape. To...more

Blake, Cassels & Graydon LLP

Canadian Defence Strategies to Climate Change Litigation

While many climate change litigation actions have been dismissed by the U.S. courts on the basis of the failure of plaintiffs to establish standing, including in the most recent decision of the 9th U.S. Circuit Court of...more

Rumberger | Kirk

Nuts and Bolts of Florida’s Seatbelt Defense

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Florida is a popular destination for vacations and second homes.  When a Canadian is involved in a car accident in Florida, blame can be placed on the other driver for failing to wear a seatbelt.  To prevail on the seatbelt...more

Blake, Cassels & Graydon LLP

Alberta Court of Appeal Restates the Test for Summary Judgment

On February 6, 2019, a five-justice panel of the Alberta Court of Appeal (Court) issued its eagerly awaited decision in Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. (Weir-Jones). The Court restated the...more

Holland & Hart - Your Trial Message

Discovering Bias: Dig, Don’t Bury

Canada has an odd system for determining juror bias in some cases. Referred to as a “trier’s process,” it involves the section of two jurors, who do not otherwise go on to become jurors in the case, but are instead charged...more

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