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Smith v. Inco Limited: $36 Million class action judgment reversed on appeal
Image via Wikipedia In a surprising decision, the Court of Appeal for Ontario has reversed a $36 million trial judgment in a certified class action involving nickel contamination of soil. In Smith v....
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Contingency Fee Counsel Not Required to Post Security for Costs for...
fist-of-money.jpg. via thetyee.ca Today’s endorsement by the Court of Appeal for Ontario in Indcondo Building Corporation v. Sloan, 2012 ONCA 83 by Mr. Justice Armstrong is welcome news for contingency...
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Supreme Court of Canada: “But For” Is The Default Test For Causation in...
In a previous post entitled: “Clear as Mud: The Supreme Court of Canada to Clarify the Law of Causation“, I noted the Supreme Court of Canada’s latest opportunity to clarify the law of causation...
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SCC: Electronic Filing of Memoranda of Argument in Leave Applications
Via the Supreme Court of Canada website (with my annotation in RED): Filed under: appeals, procedure, Supreme Court of Canada
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Burying Your Head In The Sand Is Not A Litigation Strategy
[1] The motion judge found that there was overwhelming evidence that the appellants were personally served and that they decided to ignore the process. There is ample evidence, including video...
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A Judicial Do-Over
I have long thought that an appeal court is more than merely a forum of last resort , a venue for judicial review, or a chamber of sober second thought. The intrinsic value of appellate review lies...
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Wrong Legal Test on Causation? Meh, Close Enough
Canadian courts grapple with difficult legal, factual and evidentiary issues daily. Judging is difficult, but that’s why judges are paid the big bucks. Mistakes happen. Canadian appellate courts...
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