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Published on: 26 Aug 2016 By ,

Civil Motions in the Superior Court of Justice: A Practical Guide

A motion is a formal request to the Court for an Order. Some motions will be contested, some will be on consent, and for others no position will be taken by opposing counsel.  Motions address many issues: routine requests to amend pleadings, contested matters like compelling a certain party …

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Published on: 24 Aug 2016 By

The tricky business of limitations and contaminated land claims

In May of 2016, the Superior Court of Justice delivered reasons in Valco Instruments Canada v. Imperial Oil, dismissing in part a defendant’s summary judgment motion related to a contaminated land claim. The court concluded that the limitation period for a negligence claim had expired by the…

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Published on: 22 Aug 2016 By

UP, UP, AND AWAY: What’s new with Notice periods?

Unfortunately for employers, there is a fair bit new with notice periods and not in a welcome direction. While 24 months has typically been viewed as the upper end of reasonable notice periods, there have been a number of decisions recently which have challenged that assumption. In Markoulak…

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Published on: 22 Aug 2016 By

Ontario Court of Appeal Helps Ensure Conspirators are Held Accountable for their Wrongdoing

Nearly every Canadian consumer has purchased something that contains a price-fixed component.  Price-fixing occurs in many industries – from components of consumer electronics to chemicals to auto parts to chocolate. Price-fixing occurs where competing companies agree to increase prices, red…

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Published on: 19 Aug 2016 By

Ontario Courts Ensure Access to Justice for Victims of Illegal Cartels

Four recent decisions from the Ontario courts affirm the importance of preserving remedies for plaintiffs impacted by unlawful conspiracies. The decisions relate to four separate price-fixing conspiracies involving LCD panels (used in televisions, computer monitors and notebook computers), l…

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Published on: 15 Aug 2016 By

The unlikely intersection of nuclear fallout and green energy

Will the world’s largest atomic fallout exclusion zone one day host the world’s largest solar farm? The infamous nuclear disaster at the Chernobyl nuclear power plant, near Pripyat in Soviet Ukraine, occurred 30 years ago. A fire and series of explosions in one of the plant’s reactors caused…

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Published on: 12 Aug 2016 By

What happens if a deceased’s will is lost? What if it has been destroyed?

Estate trustees – an individual (or individuals) appointed to administer a deceased’s estate – may find themselves unable to locate the original copy of the deceased’s Will. Perhaps the Will has been misplaced, or destroyed. What is to be done in these situations? Luc…

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