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Civil Litigation

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Friday, July 13, 2018 @ 3:45 PM

CIVIL EVIDENCE - Documentary evidence - Medical records

Appeal by the Province of British Columbia (Province) from a judgment of the British Columbia Court of Appeal affirming a decision finding that databases collected by the Province containing health care information were compellable in the context of the Province’s claim against Philip Morris International Inc. (Philip Morris) and other tobacco companies for the cost of health care benefits. ... [read more]

Friday, July 13, 2018 @ 1:42 PM

B.C. health care data non-compellable in tobacco lawsuit, SCC rules Justice Russell Brown sm

In a unanimous ruling, on July 13 the Supreme Court of Canada allowed an appeal from the Province of British Columbia to protect health databases from being compelled in an action it started to recover expenses from tobacco manufacturers under the Tobacco Damages and Health Care Costs Recovery Act. In British Columbia v. Philip Morris International, Inc. 2018 SCC 36, Justice Russell Brown wrote that the order from the courts below erred by finding that the databases were not protected by s. 2(5)(b) of the Act. ... [read more]

Friday, July 13, 2018 @ 9:26 AM

Lawyer hopeful recommendations will improve Saskatchewan’s coroner’s office Aaron_Fox_sm

A prominent Saskatchewan lawyer is lauding a call for more money and additional staff to speed up that province’s sluggish coroner’s office. Lawyer Aaron Fox is hoping recommendations in former police chief Clive Weighill’s external review of Saskatchewan’s Office of the Chief Coroner ­— if put into action — will help lawyers and their clients get timelier cause-of-death information. Weighill’s report, commissioned by Saskatchewan’s Ministry of Justice last year and released June 20, makes 44 recommendations for a system criticized as lacking depth, thoroughness and speed. ... [read more]

Thursday, July 12, 2018 @ 11:17 AM

Alberta court seeking input on proposed pilot project to speed up civil trials

Alberta’s Court of Queen’s Bench has proposed a pilot project to promote resolution and reduce lead times in civil trials in Edmonton and Calgary, and it is encouraging feedback from the bar and the public on the proposals. The court is proposing to revoke the suspension of Rules 8.4(3)(a) and 8.5(1)(a) of the Alberta Rules of Court, which require parties who request a trial date to participate in a dispute resolution process and a judge be satisfied that the parties have participated in a process, respectively. ... [read more]

Thursday, July 12, 2018 @ 9:58 AM

PROCEEDINGS - Practice and procedure - Costs - Considerations

Appeal by the plaintiff purchaser from a summary judgment awarding damages and no costs. The defendant vendors refused to close a transaction for the plaintiff to purchase their property. ... [read more]

Thursday, July 12, 2018 @ 9:42 AM

SCC recognizes municipalities can enact conservation zoning, emphasizes bringing action in reasonable period Chief Justice Richard Wagner

A property owner who challenged a municipal zoning bylaw he considered to be a disguised expropriation waited too long before taking legal action but can nevertheless still ask to be compensated for the loss in property value, ruled the Supreme Court of Canada. ... [read more]

Tuesday, July 10, 2018 @ 10:36 AM

CIVIL PROCEDURE - Disposition without trial - Stay of action - Another proceeding pending

Appeal by the plaintiff, Greengen, from an order staying its civil claim against the Province pending disposition of a parallel judicial review proceeding. ... [read more]

Tuesday, July 10, 2018 @ 10:16 AM

DISCRIMINATION - Prohibited grounds - Religion - Context - Education

Appeal by the Academy from a decision confirming a Human Rights Tribunal decision that the appellant unlawfully discriminated against two high school students by prohibiting them from performing prescribed forms of prayer on campus. ... [read more]

Monday, July 09, 2018 @ 1:08 PM

TWU, law societies and a can of worms | Robert Harvie

Having been a bencher with the Law Society of Alberta when the Trinity Western University (TWU) issue first came to fruition, I was involved in the discussion and debate about how we would respond to TWU graduates once their program was approved by the Federation of Law Societies. ... [read more]

Friday, July 06, 2018 @ 1:40 PM

EXPROPRIATION - Grounds for contestation - Illegality of enabling provision - By a municipality

Appeal by Ville de Lorraine (Lorraine) from a judgment of the Quebec Court of Appeal setting aside a decision of the Quebec Superior Court which dismissed 2646 8926 Québec inc.’s (2646) action in nullity. ... [read more]