Focus On

Civil Litigation


Wednesday, May 12, 2021 @ 10:43 AM

Links between COVID-19, divorce Man and woman facing opposite directions

It goes without saying that the COVID-19 pandemic has impacted many people’s everyday lives. People can no longer meet up with members outside their household, go to clothing stores or eat in restaurants. Some of the pandemic’s effects on people’s day-to-day lives are less obvious though. For example, the COVID-19 pandemic has affected many people’s marriages. More specifically, the pandemic has led to an increased interest in divorce. ... [read more]

Wednesday, May 12, 2021 @ 9:24 AM

Ontario Court of Appeal upholds Law Society Tribunal decision involving Toronto lawyer

A prominent Toronto personal injury lawyer engaged in a “cat and mouse game” with the Law Society of Ontario (LSO) that was the “antithesis of good faith dealings,” the Ontario Court of Appeal has found in upholding a Law Society Tribunal ruling. ... [read more]

Wednesday, May 12, 2021 @ 8:54 AM

Work that works: Difficulties new calls face when starting out | Charlene Theodore

You have your law degree … now what? ... [read more]

Tuesday, May 11, 2021 @ 2:56 PM

Ontario Appeal Court stresses need for impartiality of expert evidence Gavin MacKenzie, MacKenzie Barristers

A recent Ontario court decision involving a medical negligence claim emphasizes the need for expert witnesses to remain impartial and independent when giving evidence, says a lawyer. The April 26 Ontario Court of Appeal ruling in Parliament (Litigation guardian of) v. Conley 2021 ONCA 261 involves a mother and father suing two doctors for allegedly mishandling their son’s childhood diagnosis of hydrocephalus — a condition causing an abnormal buildup of fluid in the ventricles of the brain. ... [read more]

Tuesday, May 11, 2021 @ 12:30 PM

Federal budget gives CRA power to compel oral interviews Businesswoman sitting at desk with calculator and papers

The Canada Revenue Agency is going to wield more power as a result of the recent federal budget. Under the proposed rules, the CRA will have the power to compel persons to answer all proper questions — and provide all reasonable assistance — for any purpose related to the administration or enforcement of the relevant statute. The persons must respond to questions orally or in writing, including in any form specified by the relevant CRA official. ... [read more]

Tuesday, May 11, 2021 @ 11:55 AM

Appeal Court upholds ruling that Quebec’s back-to-work legislation unconstitutional

Quebec government lawyers and notaries, bolstered by yet another legal victory after the Quebec Court of Appeal Quebec upheld a lower court decision that found the back-to-work legislation which put an end to the longest Canadian strike by public civil servants was unconstitutional, are now hopeful that negotiations with the provincial government will lead to a new collective agreement. ... [read more]

Tuesday, May 11, 2021 @ 11:15 AM

Class action lawsuit alleges serious health effects as a result of antibiotic use

Two major pharmaceutical companies have been hit with a class action alleging a trio of drugs which are used to treat bacterial infections have led to people developing a neurological disease. The proposed lawsuit, which has been filed in British Columbia, is alleging the antibiotics Ciprofloxacin (Cipro), Moxifloxacin (Avelox) and Levofloxacin (Levaquin) are dangerous to human health and were sold to treat infections for which they are not required, as well as lacking proper warnings and directions as to the dangers and risks associated with their use. ... [read more]

Tuesday, May 11, 2021 @ 9:13 AM

Reasoning and analysis: Legal skills that have not crumbled with time | William Poulos

Aristotle once said that “Time crumbles things; everything grows old under the power of Time and is forgotten through the lapse of Time.” However, time does not crumble certain skills in our profession. ... [read more]

Tuesday, May 11, 2021 @ 8:33 AM

Appellate jurisdiction over interrelated final and interlocutory orders Man searching for path through a maze

The Court of Appeal for Ontario recently commented on a particularly complex area of appellate jurisdiction: interrelated final and interlocutory orders. The issue arose in Martin v. 11037315 Canada Inc. 2021 ONCA 246, where the Superior Court judge made both final and interlocutory orders arising from the same application. Generally speaking, appeals from interlocutory orders lie only to the Divisional Court with leave, whereas appeals from final orders lie in the Court of Appeal. The result may be separate appeals in different courts arising from the same proceeding. But what about a case like Martin, where the interlocutory and final orders are arguably intertwined? ... [read more]

Tuesday, May 11, 2021 @ 6:20 AM

BARRISTERS AND SOLICITORS - Compensation - Contingency agreements - Fair and reasonable

Determination of the appropriate amount of Tallcree First Nation’s (Tallcree’s) account with Rath & Company and Rath (Rath). ... [read more]