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Civil Litigation


Friday, April 03, 2020 @ 3:33 PM

SCC confirms limited role for intent in characterizing tax losses from futures contracts Businessperson drawing on graph

The case involves a former employee of the Bank of Nova Scotia, who received a large number of Bank of Nova Scotia shares upon his departure (MacDonald v. Canada 2020 SCC 6, judgment rendered March 13). He borrowed money from TD Bank, pledged most of these shares as collateral for the loan, and entered into forward contracts with TD Bank for him to sell these same shares at their price when he entered into the contract. These futures contracts would benefit him if the price of the shares fell. ... [read more]

Friday, April 03, 2020 @ 2:24 PM

No rule that unjust enrichment claim will fail if based on illegal contract: B.C. Court of Appeal

The B.C. Court of Appeal has upheld a lower court decision which ordered a woman to repay hundreds of thousands of dollars she had improperly charged to an acquaintance, despite her argument the money should not have to be returned because it was part of a scheme to deceive immigration authorities. The genesis of the case goes back to 2013, when Me Hee Kim purchased a restaurant from Aesun Choi; as part of the sale, Choi offered to run the business as Kim was in Canada on a study permit. ... [read more]

Friday, April 03, 2020 @ 1:46 PM

The effects of pandemic on international arbitration virtual_meetings_international

The arbitral community has been turned upside down by COVID-19, like every other sector of the legal industry and the broader business community. Many hearings are being adjourned as people are restricted from travelling or forced into self-isolation. ... [read more]

Friday, April 03, 2020 @ 1:23 PM

Ontario Superior Court of Justice expands matters heard remotely during COVID-19

On April 2, Chief Justice Geoffrey Morawetz, of the Ontario Superior Court of Justice, issued two notices to the profession regarding criminal, civil and family matters that will be heard by the court during the COVID-19 pandemic. ... [read more]

Friday, April 03, 2020 @ 10:52 AM

Alberta government suspends limitation periods, provincial court adjourns civil matters

The government of Alberta has suspended some limitation periods in light of the COVID-19 crisis. ... [read more]

Friday, April 03, 2020 @ 10:48 AM

B.C. Supreme Court updates procedures on insolvency matters

The B.C. Supreme Court has updated its procedures for insolvency matters in light of the COVID-19 pandemic. ... [read more]

Friday, April 03, 2020 @ 9:42 AM

Quebec Appeal Court tosses photo radar class action as ‘collateral attack’ on conviction André_Durocher

A proposed photo radar and red light camera class action was dismissed by the Quebec Court of Appeal after it held that the litigation constitutes a “collateral attack” on a conviction properly rendered, a principle that equally applies to proposed class actions. ... [read more]

Friday, April 03, 2020 @ 9:18 AM

LIMITATION OF ACTIONS - When time begins to run - Discoverability

Appeal by the plaintiff from summary judgment dismissing her action for oppression remedy as statute barred. ... [read more]

Friday, April 03, 2020 @ 8:30 AM

Facing pandemic as a law practice program candidate 2resumes.jpg

The economic impact of the COVID-19 pandemic has been hard to digest. No one knows how bad it’s going to get or not. Business activity in some regions has fallen sharply and supply chains have been disrupted. This has pulled down commodity prices and the Canadian dollar has depreciated. Consumers and businesses have become more cautious in their spending given the uncertainty. ... [read more]

Thursday, April 02, 2020 @ 5:47 PM - Last Updated: Friday, April 03, 2020 @ 4:45 PM

SCC’s sentencing guidance mandates tougher punishment for sexual crimes against children Justice Malcolm Rowe

The Supreme Court of Canada has instructed lower courts to be tougher when punishing sexual crimes against children, in landmark reasons for judgment that offer extensive and detailed guidance on principles, considerations and factors that sentencing judges are to take into account (and misconceptions and myths that they are to avoid). ... [read more]