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 associated with how to properly deal with the proposed evidence of potentially biased experts.
The Court clarifies how concerns of bias and partiality should be dealt with in the existing admissibility framework and also provides guidance about what is required to meet the threshold to have expert evidence excluded altogether.
This appeal arises out of a professional negligence action brought by the respondents (the “Shareholders”) against the appellants, the … Continue Reading
The Supreme Court of Canada has released a number of significant decisions since our last update that are of interest to Canadian businesses and professions, addressing the level of evidence required of a material change to support a securities class action in Quebec, damages for wrongful conviction, and requirements for expert evidence.
First, the Court released a unanimous decision in Theratechnologies inc., v. 121851 Canada inc., 2015 SCC 18, allowing an appeal from the Québec Court of Appeal. This decision held that the authorization requirement for actions for damages under the Québec Securities Act requires more than a … Continue Reading
Since our last post, the Supreme Court has released a number of significant decisions, including a decision about the standard of review applicable to statutory appeals and the test for civil contempt. It also dismissed two applications for leave to appeal in cases of particular interest to Canadian businesses, regarding what constitutes sufficient proof of illegal insider trading and whether Canadian courts have jurisdiction over secondary market misrepresentation class actions when the shares were purchased on a foreign exchange. Finally, it granted leave to appeal in a class actions case dealing with a provincial court’s jurisdiction over out-of-province third … Continue Reading