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Civil Litigation

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Friday, July 23, 2021 @ 6:19 PM

Releases must be read as a ‘whole’ and consistent with ‘surrounding circumstances’: SCC Justice Malcolm Rowe, Supreme Court of Canada

The language in release agreements needs to be considered as a whole and alongside the surrounding circumstances known to litigants at the time of signing, ruled the Supreme Court in finding that a woman being sued by a municipal road worker she hit while driving cannot bring the city into the lawsuit as a third party. ... [read more]

Friday, July 23, 2021 @ 2:36 PM

CBC says SLAPP; Subway cries foul | Marcel Strigberger

 What came first, the chicken or the soya? ... [read more]

Friday, July 23, 2021 @ 1:26 PM

INTERPRETATION - General principles - Ordinary meaning - Context - Consider the entire contract - Surrounding circumstances

Appeal by the City of Corner Brook from a decision of the Court of Appeal for Newfoundland and Labrador that reinstated the respondent Bailey’s third party notice against it. In 2009, Bailey struck a City employee while driving her husband’s vehicle. ... [read more]

Friday, July 23, 2021 @ 10:22 AM

Hynes v. Snook: Helpful review of trust principles concerning common law relationships Couple pulling house apart

In Hynes v. Snook [2021] N.J. No. 139, the Court of Appeal of Newfoundland and Labrador provides a lucid analysis of the principles regarding spousal support and unjust enrichment claims following the breakdown of a common law relationship. ... [read more]

Friday, July 23, 2021 @ 8:31 AM

Granting power of attorney in a commercial context Power of Attorney painted on a street

Powers of attorney are the subject of a bit of discussion among corporate and commercial lawyers (at least around our neck of the woods). Often, this discussion centres on the requirement and the value of having a witness to the execution of the power of attorney and the enforceability of the power of attorney granted in the absence of such a witness. However, there are many more considerations at play and an absence of awareness to the issues may result in your client incurring more liability than they have bargained for. This article thus briefly explores the use of powers of attorney in the commercial context (such as in a shareholder’s agreement) in light of Ontario’s current common law and statutory framework. ... [read more]

Friday, July 23, 2021 @ 5:33 AM

BARRISTERS AND SOLICITORS - Compensation - Contingency agreements - Fair and reasonable

Motion by the plaintiffs for approval of the class action settlement agreement, class counsel’s fees, based on a 25 per cent contingency fee retainer, and honoraria to the representative plaintiffs. ... [read more]

Thursday, July 22, 2021 @ 1:59 PM

Common employer doctrine and corporate separateness, part two Two kings on a chess board

In our previous article on O’Reilly v. ClearMRI Solutions Ltd. 2021 ONCA 385, we discussed the common law doctrine of “common employer,” which recognizes that two or more separate corporate entities may, but not always, be considered a single employer in relation to one employee. ... [read more]

Thursday, July 22, 2021 @ 1:31 PM

Gowling partner wins The Advocates’ Society teaching award

Gowling WLG announced that partner and trustee Sandra Barton has received the “Award for Excellence in Teaching” from The Advocates’ Society. ... [read more]

Thursday, July 22, 2021 @ 1:27 PM

Telecom seeking to appeal CRTC decision on wholesale Internet rates Julie Mouris, Conway Litigation

An Ontario company is seeking leave to appeal a recent decision by the Canadian Radio-television and Telecommunications Commission (CRTC) on wholesale broadband Internet rates which sent shock waves through the industry. ... [read more]

Thursday, July 22, 2021 @ 5:44 AM

CIVIL PROCEDURE - Parties - Trade unions - Adding or substituting - On court’s motion

Appeal by the defendants from a decision of a Deputy Judge adding the named defendant Kelava as a representative of the defendant Union in a wrongful dismissal action. ... [read more]