Introduction The Alberta Court of Appeal has provided its latest contribution to the analysis of the tort of civil conspiracy. The case’s importance lies in its consideration of the mental element of the tort. The case is also interesting for the absence of any reference to the recent Ontario Court of Appeal jurisprudence on the matter,… → Read More
Category Archives: Professions
Subscribe to Professions RSS FeedONCA to Consider Application of Deemed Undertaking Rule to Producing-Party’s Own Lawyer
Posted in Procedure, ProfessionsIn Sobeski v. Mamo, now on appeal to the Ontario Court of Appeal, Justice Perell heard a motion by a defendant in a defamation action for relief from the deemed undertaking rule. Background The defendant in the defamation action was a lawyer who, in a previous piece of litigation, had represented the opposing party to… → Read More
U.S. Supreme Court Affirms a Policy Preference for Arbitration
Posted in Contracts, Procedure, Professions, TortsThe United States Supreme Court has allowed the appeal in KPMG LLP v. Robert Cocchi, reinforcing its policy preference for arbitrability, even in cases where some causes of action are arbitrable, while others are not. In particular, the Court stated that “[a] court may not issue a blanket refusal to compel arbitration merely on the… → Read More
SCC to Reconsider the “Material Contribution” Test for Causation
Posted in Class Actions, Professions, TortsThe Supreme Court of Canada has granted leave in an appeal that may significantly limit liability in tort. The case, Clements v. Clements, will require the Court to reconsider the “material contribution” test for causation, and in particular, whether it should be restricted to two narrow situations. Decisions Below In the judgment below, Clements (Litigation Guardian of) v. Clements, the British Columbia Court of… → Read More
Personal Liability of Class Counsel for the Costs of a Class Proceeding
Posted in Class Actions, Procedure, ProfessionsOn September 26, 2011, the Ontario Court of Appeal will hear an appeal from a decision of Cullity J., who rightly characterized the issue on the motion before him as one “of considerable importance for the proper conduct of class proceedings.” The decision will be important to class counsel since it addresses the duty to… → Read More
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