Introduction It is not uncommon for a plaintiff to be uncertain about a defendant’s correct legal name. Despite searches and inquiries, the ignorance may continue with the defendant being improperly named in the Statement of Claim. What happens then when the claim is served on the right person but has incorrectly spelled or identified the […]
Tag Archives: litigation
Defamation and Public Discourse
When Does a Lawsuit Become a Tool for Limiting Public Debate? Section 137.1 of the Courts of Justice Act (CJA) grants the ability to bring a motion for the dismissal of any proceeding if that proceeding is aimed at limiting public debate. This step can be taken at any time after a proceeding is commenced and […]
New Evidence on the Appeal of a Damage Award
The principle of finality in law seeks to ensure that what is decided is left alone unless there are errors in law on appeal. Where there are no errors, but there is fresh evidence, which would have been both admitted and had an impact on the damages awarded, should it be admitted on an appeal? […]
Unjust Enrichment in Civil Litigation
Unjust enrichment is an equitable cause of action. It stems from an ancient principle that no person should be allowed to benefit (be enriched) at another’s expense (deprivation) without there being some valid reason in law for this to have occurred. The remedy is made in equity through a restoration (restitution). In effect, the benefit […]
At the Borders of Privilege
When individuals or businesses become entangled with the law, they are quickly in need of the aid and guidance of those skilled in the law, namely their lawyers. Such assistance, to be of value, must be based on a full and frank disclosure of the client’s circumstances, both good and bad. The likelihood of full […]
Discoverability and Limitation Periods
Limitation periods and discoverability are fundamental concepts in any litigation, including, commercial litigation and appellate litigation. What exactly are these legal principles and why are they so important? Read on for a helpful guide. Limitation Periods Limitation periods are timelines imposed by parliaments in Canada through legislation. They set out the maximum time in which a legal […]
Mary Carter Settlements and Commercial Litigation
Settlements of civil actions, including commercial claims, are both judicially encouraged and desirable. They serve the public interest by unburdening the courts of cases to be tried thereby saving public money. They benefit the litigants who are spared the costs, both direct and indirect, of participating in a trial. They also provide a certainty of […]