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Civil Litigation

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Tuesday, October 02, 2018 @ 9:03 AM

CUSTODY AND ACCESS - Costs - Considerations

Application by the father for trial and appeal costs payable by the mother and her counsel. In a prior related ruling, the Court of Appeal set aside a sole custody order and special costs award in favour of the mother and ordered a new trial. ... [read more]

Tuesday, October 02, 2018 @ 9:00 AM

CIVIL PROCEDURE - Striking out pleadings or allegations - Failure to disclose a cause of action

Appeal by the Crown from a decision refusing an order to strike the plaintiffs' claim. ... [read more]

Monday, October 01, 2018 @ 9:31 AM

There’s a new sheriff in town and it’s called White Burgess | Patrick Brown

For those advancing and defending personal injury claims, counsel beware. There is a new sheriff in town and it is called White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23. Since the decision came down from the Supreme Court outlining when to exclude expert evidence, there have been a number of decisions knocking out experts and their opinions. ... [read more]

Monday, October 01, 2018 @ 9:16 AM

CHILD PROTECTION - Practice and procedure - Evidence

Appeal by the Minister of Community Services from an order excluding evidence in child protection proceedings. ... [read more]

Friday, September 28, 2018 @ 8:48 AM

CIVIL PROCEDURE - Class or representative actions - Certification

Appeal by the defendants from an order certifying the plaintiffs’ product liability action as a class proceeding. ... [read more]

Friday, September 28, 2018 @ 6:26 AM

Judge seeks to quash CJC’s discipline proceedings for his volunteer work approved by chief justice Brian Gover

Can a judge be kicked off the federal bench for engaging in unpaid activity during a pre-approved leave of absence — activity for which he sought, and received, prior approval from his chief justice and from the federal Justice minister? ... [read more]

Thursday, September 27, 2018 @ 2:07 PM

Crawley MacKewn Brush adds litigation associate

Crawley MacKewn Brush LLP announced that Mitchell Fournie has joined the firm as an associate. ... [read more]

Thursday, September 27, 2018 @ 9:01 AM

Courts clarify seizure of data unrelated to that authorized in search warrant digital_net_sm

Search warrants treat data like spoiling fish and impose detention limits including regular, post-seizure oversight by the courts. Articles 132 and 133 of Quebec’s Code of Penal Procedure (CPP) combine to limit detention of seized devices to 180 days. The investigating authority may apply for an extension provided it does so within the 180 days and proves that further detention is necessary due to (a) the complexity of the evidence or (b) the difficulty of examining the devices seized. In such applications to extend detention, the legality of the seizure is not in question. ... [read more]

Thursday, September 27, 2018 @ 8:55 AM

PRACTICE BY UNAUTHORIZED PERSONS - Suspended or disbarred lawyers

Application by the Law Society of Ontario for a statutory injunction to restrain the respondent Leahy from engaging in the practice of law and the provision of legal services without a licence. ... [read more]

Wednesday, September 26, 2018 @ 3:26 PM

Adair Goldblatt Bieber hires litigation associate

Adair Goldblatt Bieber LLP announced that Jocelyn Howell has joined the firm as an associate, practising civil litigation. ... [read more]