Focus On

Civil Litigation


Tuesday, January 26, 2021 @ 3:39 PM

Be quick if independent legal advice is part of an agreement: lawyer Doug Surtees, University of Saskatchewan College of Law

Clarity and speed are crucial for parties entering agreements in which obtaining independent legal advice becomes part of the deal — particularly when it comes to estate-related matters where there is a heightened risk of death, says a legal mind of a court case involving an aging father wanting to pass down property to his son. ... [read more]

Tuesday, January 26, 2021 @ 1:59 PM

Evolving good faith principles in franchising: Part two businesspeople inside meshing gears

The 2015 decision of the Ontario Superior Court (affirmed by the Court of Appeal on the findings of franchise good faith) in Trillium Motor World Ltd. v. General Motors of Canada Limited 2015 ONSC 3824, shows that in exigent circumstances where the franchisor must make urgent and very important decisions that affect the system, the courts will attribute considerable weight to these circumstances when assessing whether the franchisor has complied with its good faith obligations. ... [read more]

Tuesday, January 26, 2021 @ 11:48 AM

BLG announces 17 new partners

Borden Ladner Gervais (BLG) announced that 17 lawyers have joined the partnership. ... [read more]

Tuesday, January 26, 2021 @ 11:46 AM

Case could set precedent in determining social media giants’ liability for defamation: legal expert Howard Winkler, Winkler Dispute Resolution

A B.C. court has given the green light to a defamation action against social media giant Twitter, with a legal expert saying the case has the potential to settle a major unresolved issue in Canada — what is the liability of social media companies for comments users post online. ... [read more]

Tuesday, January 26, 2021 @ 9:27 AM - Last Updated: Tuesday, January 26, 2021 @ 12:39 PM

Pandemic presents new challenges for condo boards, says expert Shawn Pulver, principal, Pulver on Condos, Toronto

Amid the COVID-19 pandemic, Ontario courts are recognizing that condominium boards have the right to impose policies designed to protect their owners’ health, says an expert in condo law. ... [read more]

Monday, January 25, 2021 @ 12:15 PM

Tyr LLP promotes one to partner, adds associate

Tyr LLP announced that Michael O’Brien has joined the partnership, while Alexandria Matic is the firm’s newest associate lawyer. ... [read more]

Monday, January 25, 2021 @ 12:11 PM

Two new members of Dutton Brock partnership

Dutton Brock LLP welcomed Stephen N. Libin and Andrea R. Lim to the partnership. ... [read more]

Monday, January 25, 2021 @ 9:26 AM

CIVIL PROCEDURE - Judgments and orders - Availability - Debt or liquidated demand

Appeal by plaintiff law firm from a decision setting aside summary judgment for $157,968 in favour of the appellant for legal fees owing by the respondents. The appellant was retained by the respondents to prosecute an action for amounts alleged to be owed pursuant to a partnership agreement. ... [read more]

Friday, January 22, 2021 @ 2:18 PM

Fasken adds litigation partner to Montreal office

Fasken announced the arrival of Lucie Lanctuit as partner in the litigation and dispute resolution practice group in the Montreal office. ... [read more]

Friday, January 22, 2021 @ 1:45 PM

Subjective common intention overrides objective factors Jigsaw piece with man icon printed on it held by two fingers in foreground, with jigsaw puzzle with missing piece in background

Previously, the Federal Court of Appeal in 1392644 Ontario Inc (c.o.b. Connor Homes) v. Canada (Minister of National Revenue - MNR) [2013] F.C.J. No. 327 (Connor Homes) clearly laid out the framework for determining whether a person is an employee or an independent contractor. The Tax Court of Canada has addressed some interpretation issues with the test in Connor Homes in Insurance Institute of Ontario v. Canada (Minister of National Revenue - MNR) [2020] T.C.J. No. 59. ... [read more]