The Court of Appeal in
Likas Bay Precinct Sdn Bhd v
Bina Puri Sdn Bhd [2019] 3 MLJ 244, held that a
successful claimant in adjudication proceedings is not required to
enforce the adjudication decision before issuing a statutory notice
of demand. However, in
ASM Development (KL) Sdn Bhd v
Econpile (M) Sdn Bhd (Case No. WA-24NCC-363-07/2019),
the High Court recently allowed the plaintiff s application for
a Fortuna Injunction, which restrained the successful party in a
CIPAA proceeding from presenting a winding-up petition against
the losing party who failed to pay the adjudicated sum pursuant to
the CIPAA decision.
This article summarizes the decision of the High Court
On January 1, 2021, the
Ontario Rules of Civil
Procedure were amended. Many of the changes memorialized
the temporary measures the Ontario Court put in place to meet the
challenges of COVID-19. The Court s implementation of these
amendments and additions creates an ecological step forward to a
paperless system, whether intentional or not. Although
digitalization has not been completely embraced by the Court, the
new
Rules offer a glimpse of how the legal
community can operate with less paper and an increased use of
technology. While new issues with respect to management and
security of technology will no doubt arise, the amendments to
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The Model Tenancy Law has been prepared by the Ministry of
Housing and Urban Affairs with an objective to balance the
interests and rights of the landlords and tenants. Chapter VI of
the Model Tenancy Law deals with the Rent Authorities, their power
and procedure for appeals and Chapter VII of the Model Tenancy Law
deals with Rent Court, Rent Tribunal, procedure to be followed in
rent court and rent tribunal, powers of the rent court and rent
tribunal, procedure for appeal to the rent tribunal.
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Looking ahead, we preview cases currently pending before the
Supreme Court which have already been accepted for review by
the Court, and in some cases have already been argued that
may be of particular interest to readers of the Need-to-Know
Litigation Weekly. These cases pertain to various topics in
Securities Litigation, Antitrust, IP Litigation, and jurisdictional
questions of broad interest.
Securities Litigation:
Goldman Sachs Group Inc. v.
Arkansas Teacher Retirement System, No. 20-222
Relevant Issues to be Addressed: (1)
Whether defendants in a securities fraud class action under Section