Focus On

Civil Litigation


Thursday, October 01, 2020 @ 1:40 PM

Feds name new chief justice of Supreme Court of Yukon

The Prime Minister’s Office on Oct. 1 announced the appointment of Suzanne Duncan, a judge of the Supreme Court of Yukon, as the new chief justice of the Supreme Court of Yukon. ... [read more]

Thursday, October 01, 2020 @ 1:38 PM

Ottawa promotes two jurists, appoints four others in Quebec

The federal Department of Justice (DOJ) on Oct. 1 announced six judicial appointments in the province of Quebec. ... [read more]

Thursday, October 01, 2020 @ 11:37 AM

Can a school be sued if student becomes infected with COVID-19? Backpack and sanitizer

With the beginning of a new school year, many parents are wondering whether it is safe for their children to attend school. The new school year has also raised a number of legal questions with respect to the liability of schools and school boards. What happens if a student contracts COVID-19 while at school? Could the school, school officials and the school board be held liable? ... [read more]

Thursday, October 01, 2020 @ 8:59 AM

Flood lawsuit example of shift in thinking on responsibility for natural disasters: law prof Jocelyn Stacey, UBC School of Law

Residents of a B.C. town have launched a class action against the provincial government and a number of forestry companies arguing negligent logging caused devastating floods in 2018, and a legal observer is saying more and more cases like it are to be expected because such events are consistent with a changing climate. ... [read more]

Thursday, October 01, 2020 @ 8:37 AM

In terrorem doctrine and no-contest clauses in wills: Part three warning_sign_sm

In the decision of Mawhinney v. Scobie 2019 ABCA 76, the Alberta Court of Appeal had the opportunity to explore the law surrounding the in terrorem doctrine and no-contest clauses in the face of a seemingly procedural application. ... [read more]

Thursday, October 01, 2020 @ 6:13 AM

BARRISTERS AND SOLICITORS - Duties to the profession - Liability - Real estate transactions

Motion by three defendant lawyers to dismiss the claim against them. The action arose from a failed real estate transaction. In 2016, the plaintiff signed an agreement of purchase and sale to purchase property. It then assigned its rights under the agreement to Saeed. The vendors failed to close the transaction. They subsequently sold the property to other buyers. ... [read more]

Wednesday, September 30, 2020 @ 3:15 PM

Saskatchewan court to offer binding civil, family pretrials

In a bid to save litigants time and money, Saskatchewan’s Court of Queen’s Bench will be offering binding pretrial conferences for civil and family law cases for those unable to reach an agreement. According to a Sept. 30 news release, this is a voluntary “supplement” to the existing pretrial conference and involves a judge making a final decision in cases where feuding parties are at an impasse. ... [read more]

Wednesday, September 30, 2020 @ 9:29 AM

B.C. law society approves action on paralegals, fee reductions at September bencher meeting Law Society of British Columbia (LSBC) president Craig Ferris

The Law Society of British Columbia (LSBC) faced a full table of issues at its most recent bencher meeting, endorsing a proposal on the role of paralegals and moving to reduce fees for individuals most affected by the COVID-19 pandemic. ... [read more]

Wednesday, September 30, 2020 @ 8:45 AM

COVID and the race to the negotiating table negotiation_group_sm

I am often quick to criticize and perhaps not quick enough to bestow praise where deserved. Certainly, the associates in my office will concur. I like to write critically of decisions that do not fit within my view of the law and justice. This time I would like to write of one that most definitely does.  ... [read more]

Wednesday, September 30, 2020 @ 6:05 AM

CIVIL PROCEDURE - Injunctions - Preservation of property

Appeal by the Director from a decision refusing his application for an indeterminate interim preservation order. The Crown stayed criminal charges against the respondents. ... [read more]