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Civil Litigation

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Monday, September 24, 2018 @ 3:17 PM

SCC asked to stay ruling that guts military justice system; military warns sexual assault prosecutions in jeopardy Bruce MacGregor

The Canadian Armed Forces (CAF) is asking the Supreme Court of Canada for an immediate stay of a recent bombshell Charter decision that guts the military justice system, and which prosecutors contend jeopardizes dozens of serious criminal prosecutions, including for sexual assault, The Lawyer’s Daily has learned. ... [read more]

Monday, September 24, 2018 @ 2:42 PM

Animal law: An elephantine case to consider cagedelephant_sm.jpg

Animal law is not a new area of law, but it may seem that way to those outside the practice area. Animal law is informed by more than animal related statutes and case law involving animals. To put things in context, laws involving animals have been around for centuries, and similar to how decades ago we didn’t have “environmental law,” but just cases involving forests, rivers, trees etc. until that branch of law came to be collectively labelled environmental law. ... [read more]

Monday, September 24, 2018 @ 9:06 AM

Next move being considered after Appeal Court rejects oppression remedy, lawyer says Dave_Hill_sm

A Manitoba Appeal Court judge set a “dangerous precedent” in taking it upon herself to broach and then rule on the inappropriateness of an “oppression remedy” given to a plaintiff who sued his brother after a deal to split up their business went sideways, says a lawyer involved. ... [read more]

Friday, September 21, 2018 @ 6:21 PM

Reforms urged to reduce Federal Court’s ‘arbitrary’ dismissal of refugee claims Sean Rehaag

The Federal Court says it will “closely study” recommendations to reform its practices in refugee cases, following another recent study which indicates that the outcome of life-and-death refugee claims in Canada too often depends on “the luck of the draw” — i.e. which judge happens to be randomly assigned to a failed refugee claimant’s application for judicial review. ... [read more]

Friday, September 21, 2018 @ 2:20 PM

Clients, counsel walking on sunshine after court clarifies Interest Act in Solar decision solarpower_sm.jpg

The Ontario Court of Appeal recently released its decision in Solar Power Network Inc. v. ClearFlow Energy Finance Corp. 2018 ONCA 727. Previously, an application judge found that the use of an annualizing formula (a widely accepted mechanism in commercial agreements) failed to satisfy s. 4 of the Interest Act. ... [read more]

Friday, September 21, 2018 @ 8:57 AM

Time runs out as Ontario court bars claim against tax lawyer time_out_sm

Imagine the following scenario. Clients retain tax lawyers to review assessments made by the Canadian Revenue Agency (CRA). Their tax lawyers recommend appealing the CRA assessments. Two years later, the tax lawyers reverse their advice: the merits of the appeal to the CRA are not as strong as once thought. The clients — already invested in pursuing the appeal to the CRA — retain new counsel and continue the litigation. The clients are ultimately found to have tax liability. ... [read more]

Friday, September 21, 2018 @ 8:39 AM

Class action against securities dealer’s accountant bound for SCC, lawyer says Daniel_Bach_sm

A class action against a defunct securities dealer that lost more than $10 million in investments is headed to Canada’s top court after Ontario’s Appeal Court tossed a “duty of care” claim against the dealer’s accountant, says a lawyer involved. ... [read more]

Friday, September 21, 2018 @ 8:27 AM

ABUSE OF LEGAL PROCEDURE OR PROCESS - Pleadings

Application by the Crown to strike the action. ... [read more]

Friday, September 21, 2018 @ 8:25 AM

BINDING ARBITRATION - Jurisdiction of the court to review

Application by the father for leave to appeal portions of an arbitration award respecting the reunification of the children with their mother, the denial of a stay of the arbitration award and an award of solicitor-client costs in favour of the mother. ... [read more]

Thursday, September 20, 2018 @ 2:33 PM

Lenczner Slaght hires five associates

Lenczner Slaght Royce Smith Griffin LLP has bolstered its collective experience and knowledge with the addition of five associates, Derek Knoke, Graham Henry, Jonathan D. Langley, Sean Lewis and Zachary Rosen. ... [read more]