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Civil Litigation

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Friday, August 10, 2018 @ 11:57 AM

Ontario court’s upholding of an embryo as ‘property’ could impact future disputes, lawyer says Sara_Cohen_sm

An Ontario court awarding a woman an embryo as her “property” will add “another layer of complexity” to future cases involving consent contracts and their place in couples’ disputes over the ownership of such reproductive material, a lawyer says. ... [read more]

Friday, August 10, 2018 @ 11:08 AM

B.C. Court of Appeal decision clears way for class action in diesel truck engine case Robert Anderson, Farris, Vaughan, Wills & Murphy LLP

The British Columbia Court of Appeal has upheld the certification of a class action against a major car parts company relating to diesel truck it manufactured, a decision the lawyer for the plaintiffs is calling important in the evolving law surrounding certification for misrepresentation claims. ... [read more]

Friday, August 10, 2018 @ 9:46 AM

Doctors’ names and OHIP billing not ‘personal information’, court rules Paul Schabas sm

The Ontario Court of Appeal has upheld a decision of the Divisional Court affirming orders from the Information and Privacy Commissioner of Ontario (IPCO) that a physician’s name and dollar amounts billed under OHIP is not “personal information” and is therefore disclosable. Counsel for the affected third party doctors said they are considering seeking leave to appeal to the Supreme Court of Canada. ... [read more]

Friday, August 10, 2018 @ 8:31 AM

DEFAMATION - Fair comment - Matters of public interest

Motion by the defendant B'nai Brith Canada for an order dismissing the plaintiff Lascaris’ libel action on the basis that it was a strategic lawsuit against public participation. ... [read more]

Thursday, August 09, 2018 @ 8:33 AM

CIVIL PROCEDURE - Discovery - Solicitor-client privilege

Appeal by the plaintiff from an order declaring that it had implicitly waived solicitor-client privilege over various subject areas central to the action and from an order denying the plaintiff the opportunity to cross-examine the deponent on an affidavit that was the foundation of the application to strike the pleadings for abuse of process. ... [read more]

Thursday, August 09, 2018 @ 8:30 AM

MUNICIPAL BOARDS AND TRIBUNALS - Jurisdiction

Motion by the plaintiff for leave to appeal an Ontario Municipal Board decision that it had jurisdiction to direct it to contribute to the maintenance of a haul route. ... [read more]

Wednesday, August 08, 2018 @ 1:53 PM

Saskatchewan law society honours two students with Award of Distinction

The Law Society of Saskatchewan is pleased to honour each of Zina L.B. Scott and Conor Holash with the Award of Distinction. ... [read more]

Wednesday, August 08, 2018 @ 8:58 AM

You can still claim prescriptive easement, if you can prove it blocked_driveway_sm

The abolition of the creation of prescriptive easements created by the conversion of properties in Ontario into the Land Titles system has not resulted in the disappearance of such claims. Such claims may be made against the owner of any “Land Titles Conversion Qualified” property, by reason of the qualification in this regard as expressly set out on the parcel register, provided that the claim “crystallized” prior to the conversion. A recent Court of Appeal decision sheds light on the evidentiary requirements to make such a claim. ... [read more]

Tuesday, August 07, 2018 @ 1:55 PM

Manitoba ruling highlights rarity of injunctions in constitutional matters Garth_Smorang_sm

A Charter case in which Manitoba’s public sector workers were recently denied an injunction against wage-freeze legislation speaks to how rarely courts will grant such an action in light of public interest, lawyers say. Bill 28, also known as the Public Services Sustainability Act (PSSA), imposes a two-year wage freeze on the public sector wages in the province, something the workers’ unions are challenging constitutionally. ... [read more]

Tuesday, August 07, 2018 @ 9:21 AM

JUDGES - Compensation - Provincial court judges

Application by the Newfoundland and Labrador Association of Provincial Court Judges for judicial review of the Province’s decision rejecting a Provincial Court Judges Salary and Benefits Tribunal recommendation to increase judges’ salaries. ... [read more]