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Civil Litigation

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Wednesday, June 16, 2021 @ 8:50 AM

Why so many claims settle | Stuart Rudner

We know that only a tiny percentage of claims filed make it all the way to trial; I have always understood that it is less than two per cent. So why is it that so many cases settle before trial? Cost is often a big factor, but in many cases, it comes down to a decision between a known outcome that the parties can control vs. an unpredictable judgment sometime in the future. ... [read more]

Tuesday, June 15, 2021 @ 2:04 PM

In Sherman Estate decision, open court principle over privacy, part two Open padlock on top of stack of files

In the first article in this series on the decision in Sherman Estate v. Donovan 2021 SCC 25, we discussed why the Supreme Court of Canada ordered that the probate files of murdered Toronto billionaires, Barry and Honey Sherman, be unsealed. In this second article, we will look at what kind of information will suffice for this kind of order. ... [read more]

Tuesday, June 15, 2021 @ 12:36 PM

Bill to amend Official Languages Act highlights bilingualism in courts Justice Minister David Lametti

On June 15, Mélanie Joly, minister of economic development and official languages, supported by Jean‑Yves Duclos, president of the Treasury Board, and David Lametti, minister of justice and attorney general of Canada, introduced Bill C-32, an Act for the Substantive Equality of French and English and the Strengthening of the Official Languages Act. ... [read more]

Tuesday, June 15, 2021 @ 10:56 AM

Constructive dismissal, infectious disease emergency leave: Debate rages on Two cartoon men debating

The Ontario Superior Court’s April 27, 2021, ruling in Coutinho v. Ocular Health Centre Ltd. 2021 ONSC 3076, further provoked an already spirited debate among employment lawyers regarding the proper interpretation and application of Ontario Regulation 228/20 (Infectious Disease Emergency Leave or IDEL Regulation); namely, whether the regulation effectively operates to bar an employee from pursuing a civil claim for constructive dismissal in circumstances where their hours of work or pay, or both, have been reduced or eliminated for reasons related to COVID-19. ... [read more]

Monday, June 14, 2021 @ 1:47 PM

In Sherman Estate decision, open court principle over privacy, part one Stack of files with open padlock on top

In Sherman Estate v. Donovan 2021 SCC 25, released on June 11, the Supreme Court of Canada ordered that the probate files of murdered Toronto billionaires, Barry and Honey Sherman, be unsealed. The result is that the public will be able to access the Shermans’ estate files notwithstanding that the identity of the perpetrator(s) of the murders, and their motives, if any, remain unknown. ... [read more]

Monday, June 14, 2021 @ 10:45 AM

Mollusk in a bottle: Paisley snail takes centre stage PaisleySnail

In part one of this article, I wrote about how inspiring the case of M’Alister (or Donoghue) v. Stevenson has been for generations.I also really wanted to look at the case from an animal law lens. I asked my learned friends what they thought about the ginger-soaked snail in Donoghue. ... [read more]

Monday, June 14, 2021 @ 8:52 AM

Elder Abuse Awareness Day: Reducing elder abuse among lonely widowed clients Line drawing of little old lady

In A Biography of Loneliness, published in 2019, author Fay Bound Alberti observed that the loneliness of bereavement is “a great leveller of experience; there is a depth of social and familial isolation linked to widow(er)hood, whether one is princess or pauper.” ... [read more]

Monday, June 14, 2021 @ 8:38 AM

Four paths to more effective mediations | Rafeena Bacchus

The writer Don Miguel Ruiz has a medical degree and was a practising neurosurgeon when a car crash changed the course of his life. He became interested in a greater moral understanding, studied his ancestor’s traditions and became a shaman. His book, The Four Agreements, espouses the Toltec way, which is based on Mesoamerican wisdom. ... [read more]

Friday, June 11, 2021 @ 4:51 PM

Affront to personal dignity may justify exception to open court principle: SCC Justice Nicholas Kasirer

The Supreme Court of Canada has ruled against the estate trustees of slain billionaire couple Barry and Honey Sherman in their attempts to have probate files in the case sealed, saying the request did not reach the high bar required to make an exception to the open courts principle. ... [read more]

Friday, June 11, 2021 @ 2:12 PM

New B.C. Provincial Court (Family) Rules — for better or for worse? Briefcase, form on clipboard, pen and magnifying glass

On May 17, 2021, new British Columbia Provincial Court (Family) Rules came into effect, containing several significant changes to the way provincial court family law files will flow. ... [read more]