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Civil Litigation


Monday, February 24, 2020 @ 10:58 AM

CUSTODY AND ACCESS - Removal of children from jurisdiction

Appeal by the father from summary judgment permitting the mother to move with the children from Regina, Sask., to Manitoba. ... [read more]

Friday, February 21, 2020 @ 4:42 PM - Last Updated: Monday, February 24, 2020 @ 8:38 AM

SCC affirms First Nations can sue in Quebec for alleged harms to lands straddling N.L., Quebec Richard Wagner

In a groundbreaking private international law judgment concerning the adjudication of constitutionally protected s. 35 Aboriginal rights, the Supreme Court of Canada has affirmed that the Quebec Superior Court does have jurisdiction to decide all the claims brought against two Montreal-based mining companies for alleged harms committed in the traditional territories of two Innu First Nations — even though some of the Innu’s claims relate to land in Newfoundland and Labrador. ... [read more]

Friday, February 21, 2020 @ 4:13 PM

CONFLICT OF JURISDICTIONS - Real or mixed actions

Appeal from a judgment of the Quebec Court of Appeal dismissing the appeal by the Attorney General of Newfoundland and Labrador (“AG NL”) of the dismissal of its motion to strike the claim filed by two Innu First Nations (“Innu”) seeking an injunction and damages against the defendants in relation to an open-pit mine located on lands over which they asserted a right of exclusive use and occupation. ... [read more]

Friday, February 21, 2020 @ 2:06 PM

Humour in the practice of law: Seriously | Marcel Strigberger

Are you sometimes overstressed practising law? Is your sense of humour dormant or even worse, muzzled? Of course not, but if it is … ... [read more]

Friday, February 21, 2020 @ 12:55 PM

Staggering cost award: How to lose big canadian_cash_sm

The Family Law Rules require costs to be determined promptly after each step in a case. The rationale for this rule is obvious but perhaps twofold; the judge hearing the “step” is best able to assess costs and the court’s assessment of costs can and should illuminate for the parties the necessity of reasonable litigation conduct. A recent ruling on costs arising from a summary judgment motion in Leitch v. Novac 2019 ONSC 1534, heard by Justice Cory Gilmore of the Superior Court of Justice, is a sage illustration of both rationales. ... [read more]

Friday, February 21, 2020 @ 12:04 PM

CBA urges better regulation of immigration consultants, denounces Bill 21 religious discrimination Vivene Salmon

Lawyers are mobilizing to push Ottawa to rein in immigration consultants who harm the public and to denounce the Quebec government’s denial of public employment to lawyers and others who wear religious symbols as an expression of their faith. ... [read more]

Friday, February 21, 2020 @ 11:39 AM

Tax non-compliance: Penalties and process for evasion versus avoidance cases | Eric Ferron

Canadians want the CRA to make sure that all taxpayers and corporations are paying their fair share. They understand that tax non-compliance hurts us all. Accordingly, the CRA is committed to protecting and maintaining fairness and integrity of Canada’s tax system. ... [read more]

Thursday, February 20, 2020 @ 2:02 PM

Canada’s rights, limitations in face of plague crowdwithmasks.jpg

The recent outbreak of the coronavirus has filled the Internet with images that seem to be straight out of a Hollywood blockbuster film. ... [read more]

Thursday, February 20, 2020 @ 12:52 PM

Condominiums, enforcement costs: Times they are a-changin’ Hand

The ability to enforce the rules, bylaws and declarations as well as the Condominium Act, 1998 itself, is essential to the operation of any condominium corporation. Section 17(3) of the Act explicitly states that a condo has the “duty to take all reasonable steps” to ensure compliance, and s. 119 sets out the obligation of condos, directors, owners, occupiers and others to comply. ... [read more]

Thursday, February 20, 2020 @ 12:49 PM

Dentons promotes eight to partner in Canada

Dentons announced that the Canada Region Board has approved the admission of eight lawyers to the partnership, effective Feb. 1, 2020. ... [read more]