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Articles
Mitigating Risk: Adverse Cost Insurance and its Implications on the Canadian Judicial Landscape
Northpoint Legal, November 26, 2018 – Introduction In litigation, there are no guarantees of success and failure can be prohibitively expensive for those involved in a legal proceeding. Even the best cases are faced with uncertainty and risk when a dispute proceeds to trial and the decision is ultimately left in the hands of a judge or jury. While attempts can... -
Blaney McMurtry LLP, Ontario, November 26, 2018 – Yes, it’s true. On 17 October 2018, Canada will become the first G7 country to legalize the recreational use of cannabis nationwide. That means that individuals will be able to buy, possess, consume, grow and share cannabis under the federal governance of the Cannabis Act. Provincial governments have introduced complementary legislation to regulate activity within their respective...
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Kelly Santini LLP, Ontario, November 26, 2018 – In Leigh v Clement, 2018 ONSC 4508 [Leigh] Justice Cornell reviewed under what circumstances an owner of a vehicle can be vicariously liable for an accident involving their vehicle under s. 192(2) of the Highway Traffic Act. In this case the driver who struck the plaintiff’s vehicle had taken his mother’s vehicle without her knowledge or consent. The mother...
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Kelly Santini LLP, Ontario, October 22, 2018 – In our modern global economy where cross-border transactions are prevalent, Ontario courts have increasingly recognized other jurisdiction’s laws and decisions. Notwithstanding a greater recognition of foreign judgments, creditors continue to face legal and practical challenges in enforcing foreign judgements in Ontario. Enforcing Judgments from Other Provinces All Canadian provinces and territories, apart from Quebec, are...