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Results:1-10 of 171

Does Midwest Properties Ltd. v. Thordarson Mean an Expansion in Environmental Liability?
  • Aird & Berlis LLP | Aird & McBurney LP
  • Canada
  • July 13 2016

The Supreme Court of Canada recently denied leave to appeal the decision of the Ontario Court of Appeal in Midwest Properties Ltd. v. Thordarson.


You are becoming commercially unreasonable!
  • Gowling WLG
  • Canada
  • July 31 2011

In 2000, Foster Wheeler contracted with the Greater Toronto Airports Authority Association Inc. (“GTAA”) to supply and install four steam boilers in one of its facilities (the “Supply Contract”).


Berendsen v. Ontario
  • Miller Thomson LLP
  • Canada
  • May 1 2011

Bernard Berendsen, Maria Berendsen, and their children sued her Majesty the Queen in Right of Ontario for losses sustained by their dairy farm operations as a result of contamination of their water supply by toxic road fill.


Contrived ignorance: wilful blindness
  • McMillan LLP
  • Canada
  • June 9 2010

The principles of wilful blindness have recently surfaced in the context of copyright infringement and in manufacturer recalls and in allegations against banks in their wilful blindness to Ponzi schemes and with reference to monies impressed with a trust.


Galambos v. Perez: the Supreme Court of Canada clarifies the law of fiduciary relationships
  • McCarthy Tétrault LLP
  • Canada
  • March 26 2010

A recent decision from the Supreme Court of Canada significantly clarifies the law of “ad hoc” fiduciary relationships Galambos v. Perez, 2009 SCC 48.


Working for employer after dismissal
  • McMillan LLP
  • Canada
  • January 6 2010

The courts are starting to recognize that it is unreasonable for an employee to simply walk away from gainful employment on the pretext of constructive or wrongful dismissal and seek damages for the employer’s failure to provide reasonable notice.


The extent of mitigating damages: terminated and constructively dismissed employees obliged to return to work with the same employer
  • McMillan LLP
  • Canada
  • July 29 2009

The courts are starting to recognize that it is unreasonable for an employee to simply walk away from gainful employment on the pretext of constructive or wrongful dismissal and seek damages for the employer's failure to provide reasonable notice.


Balancing act municipality not negligent in enforcing by-law amidst private party dispute
  • WeirFoulds LLP
  • Canada
  • October 10 2008

Recent court decision gives municipalities acting in good faith broad discretion in how by-law enforcement takes place.


Mustapha v. Culligan of Canada Ltd
  • Gowling WLG
  • Canada
  • October 3 2008

On November 21, 2001, the plaintiff, Waddah Mustapha ("Mustapha"), was replacing an empty bottle of Culligan water in his water cooler.


Supreme Court of Canada denies recovery in “fly-in-the-bottle” case as injury to plaintiff not foreseeable
  • Norton Rose Fulbright
  • Canada
  • May 29 2008

In a unanimous ruling the Supreme Court of Canada has refused to restore a large trial award made to a bottled water customer who suffered severe depression and phobia after observing a dead fly in water purchased from the defendant.