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Ontario Court of Appeal Confirms Privilege Over Counsel and Expert...
By Byron Shaw and Paul Davis A little over one year ago, the Ontario Superior Court’s decision in Moore v. Getahun sent a chill through the litigation bar in Ontario. During a medical negligence trial,...
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The B.C. Court of Appeal on Implied Waiver of Privilege: Do Process LP v....
By Scott Griffin and Miriam Isman This post by OnPoint Legal Research may be of interest to readers of this blog. The article addresses the B.C. Court of Appeal’s recent decision, Do Process LP v....
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Like a prayer: How the Supreme Court’s freedom of religion decision in...
By Brooke MacKenzie The Supreme Court of Canada’s recent decision in Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16 (“Saguenay”) is undoubtedly of interest to all Canadians with respect to...
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To Comply or Not to Comply? When Experts Fall Outside the Scope of Rule 53.03
By Kosta Kalogiros and Shanique Lake On March 26, 2015, the Ontario Court of Appeal released its decision in Westerhof v. Gee Estate concurrently with its companion case McCallum v. Baker[1]. Both...
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Has the Supreme Court of Canada done away with the concept of apparent bias?
By Keegan Boyd In White Burgess Langille Inman v. Abbott and Haliburton Co., a must-read decision for anyone involved in litigation, the Supreme Court of Canada tackles some of the difficult questions...
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What Lies Beneath: The Unexpected Reach of Litigation Privilege
By Kate Findlay In an interesting decision clarifying the reach of litigation privilege, the British Columbia Court of Appeal in No Limits Sportswear Inc. v. 0912139 B.C. Ltd., 2015 BCCA 193, has...
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Melting Pot or Mosaic? The Ongoing Culture Shift since Hryniak
By Kelli McAllister Over the past year, courts across Canada have responded to the Supreme Court of Canada’s clarion call in Hryniak v Mauldin (“Hryniak”) for a culture shift to promote access to...
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The SCC Monitor (18/06/2015)
A Commentary on Recent Legal Developments by the Canadian Appeals MonitorBy Sam Rogers The Supreme Court of Canada has recently dismissed two leave applications and granted leave in one case that will...
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“I don’t wanna hear it!” Supreme Court affirms Federal Court’s refusal to...
By Ryan MacIsaac Parliament created the Federal Courts system in 1970 to consolidate judicial supervision of federal boards, commissions and tribunals. The goal was to reduce the multiplicity of...
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Waiver of Privilege: The Danger of Pleading Lack of Informed Consent
By Timothy Froese In a case that highlights the importance of carefully drafted pleadings, the Alberta Court of Appeal recently split over the question of whether pleading a lack of informed consent to...
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The SCC Monitor (July 2016)
A Commentary on Recent Legal Developments by the Canadian Appeals MonitorBy Katherine Booth and Ryan MacIsaac We may be into the lazy days of midsummer, but the Supreme Court of Canada (“SCC”) has been...
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