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Civil Litigation

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Friday, January 24, 2020 @ 11:06 AM

Boilerplate waivers: Do I have the right to sue? Clipboard with liability release

Copy. Paste. Print. Can it be that simple if a business or organization is looking to create a legal contract designed to prevent another party from suing for liability? ... [read more]

Friday, January 24, 2020 @ 10:46 AM

Chief Justice Wagner ‘very happy’ Ottawa to table bill aimed at expediting judicial discipline TLD Exclusive

Justice Minister David Lametti is working on legislation to improve the cumbersome and costly federal judicial discipline process — measures he hopes to introduce before the House of Commons adjourns for the summer in June, The Lawyer’s Daily has learned. ... [read more]

Thursday, January 23, 2020 @ 12:51 PM

Law not always fair to litigants who retain counsel | Gary Joseph

Recently I commented on what I perceived to be issues arising from the increasing presence of self-represented litigants in family law matters. In that column I commented on the Canadian Judicial Council’s Statement of Principles. I raised concerns with respect to these principles. I stated the following: ... [read more]

Thursday, January 23, 2020 @ 10:13 AM

Good class action defence may lead to strong offence sports_strategy_sm

A defendant fighting a class action will often feel that it cannot afford to leave any stone unturned when presenting evidence to defeat a certification motion. After all, a defendant can rid itself of what may be costly litigation if it can show that there is no “basis in fact” for the existence of an identifiable class, common issues and a suitable representative plaintiff, or if the defendant can demonstrate that a class proceeding would not be the preferable procedure. But can a defendant make a tactical mistake by filing too much evidence on such a motion? A recent Ontario case has answered that question in the affirmative. ... [read more]

Thursday, January 23, 2020 @ 9:46 AM

Judgment shows you can’t hide behind Internet and get away with defamation, lawyers say Pina D’Agostino, Osgoode Hall Law School

An Ontario Superior Court judge has ordered nearly a dozen online posters to pay hundreds of thousands of dollars in damages after it was determined they defamed a former pharmaceutical executive and his spouse, despite the fact that they did so anonymously and remain largely unidentified. ... [read more]

Wednesday, January 22, 2020 @ 3:03 PM

The erosion of contingency based representation | Michael Lesage

Within the Ontario justice system, no phrase is used more nor carries less meaning than “access to justice.” It was previously written into the Law Society Act by the government of the day. Meanwhile, more and more people are forced to face their legal problems without representation. In part, this is the result of the decreased feasibility of contingency based representation. ... [read more]

Wednesday, January 22, 2020 @ 12:33 PM

What is a household? Two-storey house

Traders General Insurance Company v. Gibson 2019 ONCA 985 clarifies the law with respect to who qualifies as a member of a household, but the analysis remains very fact-driven. One cannot help but anticipate further disputes in this area, given the increasing prevalence of non-traditional living arrangements, particularly in large Canadian cities. ... [read more]

Wednesday, January 22, 2020 @ 9:57 AM

Courts moving to adopt written gowning requirements that accommodate counsel’s ‘personal circumstances’ Sabrina Bandali

The Supreme Court of Canada and Federal Court of Appeal are considering — and the Federal and Tax Courts will soon move ahead with — requests from the bar that they adopt written gowning requirements expressly accommodating counsel whose personal circumstances, such as a medical condition, disability or pregnancy, make it hard to don the usual courtroom attire. ... [read more]

Wednesday, January 22, 2020 @ 8:29 AM

Ahead of the game: Singapore considers international arbitration appeals Singapore_skyline_sm

Speed and finality are touted as major benefits of arbitration as a method of resolving international commercial disputes. Provided the process is considered to be fair, parties are generally expected to assume the risk of an arbitrator making a mistake on the facts or the law. ... [read more]

Tuesday, January 21, 2020 @ 1:08 PM

Class action proceedings and natural persons as defendants: Quebec Court of Appeal opines | Lawrence David

Is a class action proceeding brought against a single natural person certifiable? ... [read more]