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Civil Litigation

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Friday, September 24, 2021 @ 5:46 PM

Courts may vary sealing orders & publication bans after merits of underlying case are decided: SCC Supreme Court Justice Nicholas Kasirer

The Supreme Court of Canada has shed new light on the operation of the doctrine of functus officio in a judgment which unanimously recognizes that a court has the continuing supervisory authority to lift or otherwise vary sealing orders and publication bans, even after the merits of the underlying case have been finally determined. ... [read more]

Friday, September 24, 2021 @ 3:52 PM

Filing of French documents available in all Ontario courthouses by February, AG announces Doug Downey, Attorney General of Ontario

On Sept. 24, Ontario’s Ministry of the Attorney General announced that document filing in French will be possible at all courthouses across the province. ... [read more]

Friday, September 24, 2021 @ 12:56 PM

Courts’ hiding their COVID-19 vaccination policies legally flawed, against public interest: experts Amy Salyzyn, University of Ottawa.

Experts are rejecting as legally flawed, and contrary to the public interest, an argument that a few Canadian chief justices are making to justify not revealing how many of their court’s judges are vaccinated for COVID-19 and what — if any — mandatory COVID-19 vaccination policies their courts have in place. ... [read more]

Friday, September 24, 2021 @ 10:58 AM

Alberta court recognizes new tort of Public Disclosure of Private Facts Woman embarrassed by online posting

In the recent decision ES v. Shillington 2021 ABQB 739, the Court of Queen's Bench of Alberta recognized the tort of “Public Disclosure of Private Facts.” This new tort provides a civil remedy for victims who had their personal information publicly distributed. ... [read more]

Friday, September 24, 2021 @ 9:59 AM

Can parents physically discipline their children? Mother scolding child

As I have had the opportunity to serve in the Ministry of Attorney General, Ontario in the capacity of Court Registrar and Crown Attorney, and now my practice’s primary focus is on family law, my clients frequently asked me a common question: whether they can physically discipline their children. ... [read more]

Thursday, September 23, 2021 @ 2:11 PM

Fighting fraud: Small business edition Fraudface

A phishing scam targets a small business. An employee steals from a small family-run business for over 18 months. ... [read more]

Thursday, September 23, 2021 @ 12:30 PM

Supreme Court of Canada won’t hear s. 12 Charter attack on regulatory mandatory minimum fines

The Supreme Court of Canada ruled today that it will not hear an appeal from a failed Charter challenge by a Quebec project manager slapped with a mandatory minimum fine for violating the province’s Building Act. ... [read more]

Thursday, September 23, 2021 @ 11:14 AM

Paliare Roland team grows by three associates

Paliare Roland Rosenberg Rothstein LLP announced that former articling and summer students Lauren Rainsford, Evan Snyder and William Webb have joined the firm as associates. ... [read more]

Thursday, September 23, 2021 @ 11:12 AM

Organizations with easements across reserve land should look at B.C. appeal decision, lawyer says Geoff Plant, Gall Legge Grant Zwack LLP

The B.C. Court of Appeal has put a time limit on the possible redevelopment of a disused railway line running across the reserve of a Vancouver Island First Nation, with a lawyer involved in the case shows the extent to which courts are prepared to intervene and review certainty of title when it comes to takings on reserve lands. ... [read more]

Thursday, September 23, 2021 @ 8:35 AM

‘Just cause’ termination clause upheld but decision ripe for appeal Hands holding box of personal effects of fired person

Termination clauses are akin to prenuptial agreements. Their purpose is to create clarity about an employee’s entitlements at the time of dismissal. If a termination clause does not comply with the Employment Standards Act, 2000 (ESA), it will not be enforced. The issue of enforceability of a termination clause is one of the most frequently litigated areas of employment law. ... [read more]