We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search

Clear all

Refine your search

Content type

Tags

Author

43 results found

Article

Borden Ladner Gervais LLP | Canada | 2 Apr 2019

An Oxymoron Becomes a Misnomer - The Waiver of Tort Debate Rages on in Newfoundland

Writing for the majority of the Newfoundland Court of Appeal, Justice Green has recently provided welcome elucidation of the ever-elusive "waiver of

Article

Borden Ladner Gervais LLP | Canada | 24 May 2017

Voluntary Disclosure to Securities Commission Constitutes Waiver of Privilege

The British Columbia Supreme Court, in Huang v. Silvercorp Metals Inc., has held that when Silvercorp voluntarily disclosed an otherwise privileged

Article

Borden Ladner Gervais LLP | Canada | 3 Mar 2017

Two Judicial Treatments of a Novel Question of Law: Invalidating an Occupier's Waiver Through the Application of Ontario's Consumer Protection Legislation

Two recently released Superior Court decisions offer distinct treatments of the same question and impact the longstanding jurisprudence on exculpatory

Article

Borden Ladner Gervais LLP | Canada | 25 Jul 2016

CSA Continues to Finesse Registrant Regulation - Proposed Additional Requirements Governing Custody, EMDs and CRM2

On July 7, 2016, the Canadian Securities Administrators (CSA) published proposed amendments to National Instrument 31-103 Registration Requirements

Article

Borden Ladner Gervais LLP | Canada | 7 Jul 2016

Update: Stewart Estate v TAQA North Ltd, the finale

In November 2015, the Alberta Court of Appeal issued its decision in Stewart Estate v TAQA North Ltd, 2015 ABCA 357, which addressed a number of

Article

Borden Ladner Gervais LLP | Canada | 27 Nov 2013

Quebec law: a Quebec decision addresses an employer’s ability to waive notice of resignation

The March 2013 Quebec Court of Appeal decision of Asphalte Desjardins v Commission des Normes du Travailis a game-changer for employers and

Article

Borden Ladner Gervais LLP | Canada | 19 Mar 2013

Will we ever know what the deal is with waiver of tort?

Not for the foreseeable future, now that the Supreme Court of Canada has denied leave to appeal the BC Court of Appeal's decision in Koubi v Mazda

Article

Borden Ladner Gervais LLP | USA | 19 Sep 2012

Waiver of privilege through data dump

It’s difficult to avoid a data dump when producing electronic documents for the purposes of litigation, but if Blythe v Bell, 2012 NCBC 42, teaches anything it’s ‘think before you dump’.

Article

Borden Ladner Gervais LLP | USA | 10 Jul 2012

Another US circuit court rejects the doctrine of limited waiver of privilege

This time the 9th Circuit, which joins the 1st, 2nd, 3d, 4th, 6th, 7th, 10th, DC and Federal circuits in rejecting the notion of selective or limited waiver. In a fight over royalties arising from Superman comics, the heirs of the creator of the character.

Article

Borden Ladner Gervais LLP | Canada | 1 May 2012

Zipline operator’s waiver of liability enforceable

The British Columbia trial court held last year that releases signed by participants in ziplining were a complete defence to the negligence of the operator: Loychuck v Cougar Mountain Adventures Ltd, 2011 BCSC 193.

Previous page 1 2 3 4 5