Articles

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Judicial oversight required when seeking relief from deemed undertaking

Canada - February 21 2017 The recent decision of Justice Wendy Matheson of the Ontario Superior Court of Justice in SC v NS dealt with the issue of how a party to a civil…

Lisa Hawker, Aoife Quinn

Supreme Court elevates solicitor-client and litigation privilege

Canada - December 20 2016 On November 25 2016 the Supreme Court issued two decisions on privilege - one on solicitor-client privilege and the other on litigation…

Aoife Quinn

"Clean up, clean up, everybody clean up": the doctrine of clean hands

Canada - December 6 2016 On occasion, in response to a motion or claim by an adverse party seeking equitable relief, a party will argue that the relief sought should be denied…

Bethany McKoy

Procedural fairness and disclosure obligations in investigations by agencies with special expertise

Canada - November 29 2016 In the landmark administrative law case Baker v Canada, the Supreme Court of Canada established a test for procedural fairness with regard to…

Jessie Lamont

Hyperbole - the danger of overstating a case

Canada - November 29 2016 The decision in Royal Bank of Canada v Boussoulas as upheld by the Ontario Divisional Court provides a valuable lesson to parties and their…

Bethany McKoy