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Results:1-10 of 168

Non est factum not reading is no excuse
  • Gowling WLG
  • Canada
  • December 15 2016

The defence of non est factum renders a signed agreement void and unenforceable. It is commonly pleaded by desperate defendants trying to evade a


Federal Court reiterates the low evidentiary burden for overcoming Section 45 cancellation proceedings
  • Gowling WLG
  • Canada
  • November 18 2016

In the recent decision of Black & Decker Corporation v. Method Law Professional Corporation, 2016 FC 1109, the Federal Court allowed the appeal of the


Finance litigation briefing October 2016: report and review on the latest cases and issues
  • Gowling WLG
  • United Kingdom
  • October 31 2016

The Court of Appeal has confirmed that a trustee in bankruptcy cannot compel a bankrupt to draw down payments from his personal pension where he had


Alton Towers & Network Rail: did September represent a step-change in fines for very large organisations?
  • Gowling WLG
  • United Kingdom
  • October 11 2016

With effect from 1 February 2016, every court sentencing a health and safety conviction, must follow the Sentencing Council's Definitive "Guideline


Copyright infringement claim successful by way of application
  • Gowling WLG
  • Canada
  • September 7 2016

In the recent decision of Microsoft Corporation v Liu, the Federal Court granted Microsoft's application in part, finding that the respondent, Mr


Appeals decided - 8 July 2016
  • Gowling WLG
  • Canada
  • July 8 2016

On appeal from a judgment of the British Columbia Court of Appeal (2014 BCCA 24) affirming a decision of Verhoeven J. (2012 BCSC 1735). J was


Federal Court of Appeal affirms application of principles of causation, burden of proof and laws of evidence to section 8 proceedings
  • Gowling WLG
  • Canada
  • June 6 2016

In its recent decision, reported as Pfizer Canada Inc. v Teva Canada Limited, 2016 FCA 161, the Federal Court of Appeal ("FCA") overturned the


Applications for leave to appeal dismissed - 11 December 2014
  • Gowling WLG
  • Canada
  • December 11 2014

On appeal from the judgment of the Court of Appeal for Quebec pronounced May 2, 2014. The applicant was found guilty of sexual interference and


Removal of statutory basis for injury claims
  • Gowling WLG
  • United Kingdom
  • November 8 2012

The Government's proposed amendment of Section 47 of the HSWA through the Enterprise and Regulatory Reform Bill is turning out to be a highly contentious change.


Defending Sections 2 and 3 HSWA prosecutions
  • Gowling WLG
  • United Kingdom
  • November 8 2012

Section 2 of the Health and Safety at Work etc Act 1974 provides that: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."