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Civil Litigation


Wednesday, September 26, 2018 @ 2:39 PM

Arrival of the smartphone zombie smartphonezombie_sm.jpg

The number of pedestrian motor vehicle accidents in Ontario is rising at a startling pace. Over the past two years, there have been over 90 pedestrian traffic fatalities in the city of Toronto alone, 17 of which occurred in the first half of 2018. ... [read more]

Wednesday, September 26, 2018 @ 5:56 AM

ACCESS TO INFORMATION AND PRIVACY - Governmental or public information - Health and medical records

Appeal by the Ontario Medical Association and two groups of physicians from a decision of the Divisional Court that upheld an Adjudicator’s order for disclosure of information. ... [read more]

Tuesday, September 25, 2018 @ 2:33 PM

N.L. ruling on revealing public employees’ pay sign of trending transparency, lawyer says David_Fraser_sm

A recent decision by Newfoundland’s Appeal Court to allow disclosure of the names and salaries of all public sector employees is a sign of the legal “pendulum” swinging towards transparency rather than privacy, says an expert.   ... [read more]

Tuesday, September 25, 2018 @ 1:39 PM

Torrent of claims still an open question Chipcard_sm.jpg

Back in January, I wrote in The Lawyers Daily about “A torrent of claims: Preparing for a new era in copyright.” At the time, it looked like the Supreme Court’s eventual decision in Rogers Communications Inc. v. Voltage Pictures, LLC  would answer the question: Are we going to see explosive growth in mass copyright litigation in Canada? The Supreme Court issued its decision on Sept. 14, but it did not answer that all-important question. ... [read more]

Tuesday, September 25, 2018 @ 8:54 AM

Ministry of Attorney General urged to ‘fix’ rules regarding court transcription fees Mark Halfyard sm

The Ontario Court of Appeal has given direction on the fees associated with transcripts to be used on appeal in a decision, counsel says, will govern until the Ministry of the Attorney General (MAG) clarifies regulations directing costs. ... [read more]

Tuesday, September 25, 2018 @ 8:35 AM


Motion by the federal government to dismiss the action as statute-barred. ... [read more]

Monday, September 24, 2018 @ 3:17 PM

SCC asked to stay ruling that guts military justice system; military warns sexual assault prosecutions in jeopardy Exclusive

The Canadian Armed Forces (CAF) is asking the Supreme Court of Canada for an immediate stay of a recent bombshell Charter decision that guts the military justice system, and which prosecutors contend jeopardizes dozens of serious criminal prosecutions, including for sexual assault, The Lawyer’s Daily has learned. ... [read more]

Monday, September 24, 2018 @ 2:42 PM

Animal law: An elephantine case to consider cagedelephant_sm.jpg

Animal law is not a new area of law, but it may seem that way to those outside the practice area. Animal law is informed by more than animal related statutes and case law involving animals. To put things in context, laws involving animals have been around for centuries, and similar to how decades ago we didn’t have “environmental law,” but just cases involving forests, rivers, trees etc. until that branch of law came to be collectively labelled environmental law. ... [read more]

Monday, September 24, 2018 @ 9:06 AM

Next move being considered after Appeal Court rejects oppression remedy, lawyer says Dave_Hill_sm

A Manitoba Appeal Court judge set a “dangerous precedent” in taking it upon herself to broach and then rule on the inappropriateness of an “oppression remedy” given to a plaintiff who sued his brother after a deal to split up their business went sideways, says a lawyer involved. ... [read more]

Friday, September 21, 2018 @ 6:21 PM

Reforms urged to reduce Federal Court’s ‘arbitrary’ dismissal of refugee claims Sean Rehaag

The Federal Court says it will “closely study” recommendations to reform its practices in refugee cases, following another recent study which indicates that the outcome of life-and-death refugee claims in Canada too often depends on “the luck of the draw” — i.e. which judge happens to be randomly assigned to a failed refugee claimant’s application for judicial review. ... [read more]