Bersenas Jacobsen Chouest Thomson Blackburn LLP Barristers, Solicitors

Library:

Dispute Resolution & Litigation - 2010

Supreme Court Refuses to Enforce Arbitration Award - May 2010
Forum Selection Clause Considered - May 2010
Fundamental Breach Beached - Apr 2010
Tribunal Must Give Adequate Reasons - Mar 2010

Dispute Resolution & Litigation - 2009

Sanctity of Letter of Credit Maintained - Nov 2009
Supreme Court Rules on Malicious Prosecution Case - Nov 2009
Doctrine of Part Performance - Oct 2009
Court Denies Right to Arbitrate - Oct 2009
Class Counsel Fees Reduced - Oct 2009
Off Piste -Your Risk - Sep 2009
Court of Appeal Considers Norwich Order - Sep 2009
Summary Judgment Denied in Rail Accident Case - Sep 2009
Bank Keeps Funds Pledged by Fraudster - Aug 2009
Special Costs - Aug 2009
Safe Cracker Cracker Jacks - Jul 2009
Security for Costs Ordered on Appeal - Jul 2009
New Rules for Ontario - Jul 2009
Class Action Not Certified in Unpaid Overtime Case - Jun 2009
Recent Damages Decisions - Jun 2009
Proof of Discrimination in Employment - Jun 2009
Mary Carter is Harsh Mistress - May 2009
Expert Evidence - May 2009
Court Orders Disclosure of Settlement Agreement - Apr 2009
Bank Entitled to Recover Funds Paid By Mistake mendments to Identity Screening Regulations - Apr 2009
Class Certification Affirmed by Supreme Court - Mar 2009
Principled Exception to the Hearsay Rule - Feb 2009
Raise Your Glass! (Carefully) - Feb 2009
Expert Potentially Liable to Own Client - Feb 2009
Blue Pencil is Not a Cure - Jan 2009

Dispute Resolution & Litigation - 2008

Case Comment: Elk Valley Coal Partnership v. Westshore Terminals Ltd. - Dec 2008
Court Considers Gatekeeper Role - Dec 2008
Read Before Signing - Dec 2008
Supreme Court Shelves the Enhanced Balance of Probabilities - Oct 2008
Case Comment: Ashcroft v. Dhaliwal - Oct 2008
Costs Awards Against Class Action Plaintiffs Upheld - Sep 2008
Costs Awarded against Class Plaintiffs - Sep 2008
Forum Selection: Mazda Canada Case Overturned - Aug 2008
Privacy Commissioner Cannot Override Solicitor - Client Privilege - Aug 2008
Court of Appeal Reverses in Staebler Case - Aug 2008
Unilateral Price Change is Fundamental Breach - Aug 2008
Vehicles Subject to Tolls, a Study in Statutory Interpretation - July 2008
“Special Circumstances” on the Way Out - July 2008
Disclosure of Privileged Documents by “Inadvertence” Does Not Result in Removal of Opposing Solicitors - July 2008
Of Snails and Flies - May 2008
Case Comment: Mustapha v. Culligan - May 2008
Confirmation of Action and Limitation Periods - May 2008
Supreme Court Reviews Standard of Review - Apr 2008
Supreme Court Considers Implied Undertaking Rule - Mar 2008
Fuel Oil Foul-up - Feb 2008
The U.S. Government’s Long Arm - Jan 2008
Owner’s Vicarious Liability for Auto Accidents - Jan 2008

Dispute Resolution & Litigation - 2007

Case Comment - Liability Provision in Section 86 of the British Columbia Motor Vehicles Act - Dec 2007
Forum Selection Upheld Again - Dec 2007
Liability for Latent Defect - Dec 2007
Quebec a Distinct Society on Liability for Latent Defects - Nov 2007
Non– Competition Covenant Upheld - Sep 2007
Ontario Court of Appeal Refuses to Apply Forum Clause - Aug 2007
Nortel Shareholder Has Claim Dismissed - Jun 2007
Supreme Court of Canada Rules on Lawyer’s Conflict of Interest - Jun 2007
Court of Appeal Expands on “Preferability” Criteria in Granting Class Certification - May 2007
Concurrent Actions in Different Jurisdictions - May 2007
Running on Empty - Apr 2007
Use of Extrinsic Evidence - Apr 2007
Expert Witness Can Be Liable - Mar 2007
Case Comment: Sara Burgess v. Canadian National Railway Company & Mallais v. D.A. Campbell Amusements Limited - Mar 2007
Supreme Court of Canada Considers “But For” Test - Feb 2007
Malicious Prosecution Case Allowed to Proceed - Feb 2007
No Implied Duty Not to Compete - Feb 2007
Case Comment - Oakwell Engineering Ltd. v. Enernorth Industries Inc. - Feb 2007
Expert Retained by Plaintiff Does Not Owe Duty of Care to Defendant - Jan 2007
Province Has No Duty to Protect the Public From West Nile - Jan 2007
Use of Expert Denied Again - Jan 2007
Case Comment - Mustapha v. Culligan - Jan 2007
Ontario Court of Appeal Refuses to Add Party after Expiry of Limitation Period - Jan 2007

Dispute Resolution & Litigation - 2006

Discoverability Not a Panacea - Dec 2006
Waiter, There’s a Fly in My Water - Dec 2006
Perils of Attornment - Dec 2006
Foreign Non-Monetary Judgments Now Enforceable in Canada - Dec 2006
Risk Premium Set Aside - Nov 2006
Inflammatory Opening Prompts Mistrial - Nov 2006
Inquisitorial Role of ORB Confirmed - Nov 2006
Apprehension of Bias Analysed - Nov 2006
Case Comment - Cowles v. Balac - Nov 2006
Competition Bureau Update - Nov 2006
Pushing the Limits of Punitive Damages - Nov 2006
Game Park Mauled by Court of Appeal - Oct 2006
Pushing the Limits of Punitive Damages - Oct 2006
Injunctions with Extra-Territorial Effect - Oct 2006
Court of Appeal Limits Production of Material Founding Experts Reports - Sep 2006
Disclosure of Private Information - Sep 2006
Forum Selection and Jurisdictional Preconditions - Sep 2006
Privilege in Cross-Border Litigation - Aug 2006
Case Comment - Fidler v. Sun Life - Aug 2006
Supreme Court Confirms Inco Class Action May Proceed - Aug 2006
Environmental Remediation and Legal Costs: An Unsuccessful Attempt to Intervene - Jul 2006
Deceit and the Liability of Principals - Jul 2006
Indemnity Doesn’t Cover Loss of Profit - Jul 2006
Supreme Court Allows Pearson v. Inco to Proceed as Class Action - Jul 2006
Supreme Court Creates Blueprint for Anton Piller Orders - Jul 2006
Leave Refused by Supreme Court in Curial Deference Case - Jun 2006
Mediator Cannot be Made to Testify - Jun 2006
Supreme Court Compensates for Mental Suffering from Broken Contract - Jun 2006
Leave to Intervene in Enforcement Proceedings Refused - May 2006
Supreme Court Rules on Host Liability - May 2006
Indemnity for Liabilities Incurred as a Result of Negligence, a Recent Trial Decision - May 2006
New Trial Necessary where Trial Judge Failed to Consider all Damage Theories - Apr 2006
Case Comment - Fulsang v. Snushall - Apr 2006
New Trial Necessary where Trial Judge Failed to Consider All Damage Theories - Apr 2006
Costs of Class Certification and Related Appeals - Apr 2006
New Judge for Supreme Court - Mar 2006
Pay Equity Legislation: One Establishment Fits All - Mar 2006
Supreme Court Agrees to Hear Conflicts Case - Feb 2006
Claims arising out of the “Use of a Motor Vehicle” - Feb 2006
Psychological Damages Alone Excluded from Class Action - Jan 2006

Dispute Resolution & Litigation - 2005

Class Actions: Developments in B.C. and Ontario - Dec 2005