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Tuesday, September 20, 2022 @ 3:22 PM

[ Legal Wire ] - B.C. court approves settlement of class action lawsuit against Braxia Scientific Corp.

The Supreme Court of British Columbia has “approved a settlement of a class action lawsuit that was filed in May 2021 against Braxia Scientific, its CEO, certain of its former officers, a shareholder, and underwriters (the ‘Canadian Settlement’),” Braxia Scientific Corp. has announced. ... [read more]

Tuesday, September 20, 2022 @ 3:10 PM

[ Legal Wire ] - Federal government tables two new bills under its Affordability Act

The federal government kicked off the first day of the fall parliamentary session by tabling two bills that will “make life more affordable for Canadians,” the Department of Finance Canada announced. ... [read more]

Tuesday, September 20, 2022 @ 3:08 PM

Ukraine, Russia and the International Court of Justice, part six World Court

A Declaration of Intervention is the procedure wherein a third party receives the permission of the International Court of Justice to join a lawsuit, which has already commenced between other parties and to file a complaint as long as the facts and issues apply to the intervener. ... [read more]

Tuesday, September 20, 2022 @ 9:21 AM

Appeal Court decision ameliorates evidence of bias Brain

As one who has practised prison law for decades, I have maintained a sense that within our criminal justice system there is an unacknowledged caste system. I fear that sometimes justice is meted out unequally; i.e., well-to-do Anglo businessmen are treated more deferentially than, say, impoverished Indigenous accused persons. Of course, there are other factors that contribute to social stratification, but my concern has always been that within the justice system, everyone should be treated equally. ... [read more]

Tuesday, September 20, 2022 @ 9:04 AM

Dickinson Wright adds corporate/commercial lawyer as partner

Dickinson Wright announced that James Stranges has joined the firm’s Toronto office as a partner. ... [read more]

Tuesday, September 20, 2022 @ 9:03 AM

Tax lawyer joins Cozen O’Connor’s Vancouver office

Cozen O’Connor announced it has continued its expansion of its Canadian offices with the arrival of veteran corporate tax lawyer Kevin Zimka to its Vancouver office as a shareholder. ... [read more]

Tuesday, September 20, 2022 @ 6:02 AM

CIVIL PROCEDURE - Pleadings - Institution of proceedings - Petition - Counterclaim, cross-claim and set-off

Appeal by Chapman from a decision upholding a master’s order permitting the filing of a counterclaim by the respondent in the appellant’s foreclosure petition under Rule 16-1(18). In the counterclaim, the respondent sought rent and operating expenses it claimed Chapman owed for overstaying in the property for approximately seven months. ... [read more]

Monday, September 19, 2022 @ 5:24 PM

[ Legal Wire ] - B.C. Court of Appeal allows partial appeal regarding limitation period in contractual dispute

A group of infrastructure companies may appeal an arbitrator’s decision as to whether B.C.’s Limitation Act requires a subjective/objective analysis, but not whether the change order process mandated by a contractual agreement postponed the relevant limitation period, the Court of Appeal for British Columbia has ruled. ... [read more]

Monday, September 19, 2022 @ 4:13 PM - Last Updated: Tuesday, September 20, 2022 @ 12:32 PM

[ Legal Wire ] - Judge’s decision ‘deserves great deference’ in landlord-tenant litigation; appeal dismissed

The Court of Appeal of Alberta has upheld a lower court decision requiring answers to questions regarding safety and risk posed by counsel in litigation over a building containing asbestos. ... [read more]

Monday, September 19, 2022 @ 3:50 PM

Cull of ‘huge mass’ of less-serious criminal cases could unclog Canada’s justice system: Moldaver Exclusive

Newly retired Supreme Court of Canada justice Michael Moldaver says the “bursting-at-the seams” criminal justice system could be saved from the risk of future collapse and irrelevancy by removing the “huge mass” of less serious criminal cases that could be fairly and more speedily handled via alternatives, including ticketing, diversion and reasonable plea deals and charge withdrawals. ... [read more]