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Civil Litigation

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Wednesday, October 24, 2018 @ 9:27 AM

Justice Côté goes own way in almost 40% of cases but her SCC admin law dissents push the court TLD Exclusive

When the Supreme Court zigs, this judge zags. As she closes in on her fourth anniversary at the top court Dec. 1, Justice Suzanne Côté, a former star civil litigator from Montreal, is staking her claim to the “great dissenter” mantle worn most recently by several of her predecessors from Quebec, Marie Deschamps, Morris Fish and Claire L’Heureux-Dubé. ... [read more]

Wednesday, October 24, 2018 @ 9:03 AM

Small steps in securing corporate accountability corporate_legaladvise_sm

Corporate accountability remains a tenuous subject for jurists in Canada and across the western world. The recent Chevron case in Canada (Yaiguaje v. Chevron Corp. 2018 ONCA 472) is evidence of that. Jurists are grappling with developing a legal theory that will hold corporations accountable, and yet allow them to enjoy distinct legal personalities. ... [read more]

Wednesday, October 24, 2018 @ 8:27 AM

CIVIL PROCEDURE - Class counsel - Fees

Appeal by Great-West Life from a decision on class counsel fees, costs and the imposition of a levy. ... [read more]

Tuesday, October 23, 2018 @ 9:34 AM

Report shows very few Canadians can fully access legal system: author Trevor C.W. Farrow, Osgoode Hall Law School

Accessing the legal system is taking a large bite out of average Canadians’ bottom lines and is adding extensive cost to social programs, according to a new report from a think tank dedicated to civil justice reform. The Canadian Forum on Civil Justice (CFCJ) released its survey data report on “Everyday Legal Problems and the Cost of Justice in Canada” earlier this month, as part of its larger “Cost of Justice” series. ... [read more]

Tuesday, October 23, 2018 @ 8:53 AM

Supreme Court weighs in on parliamentary privilege | Mark Bourrie

Most lawyers will never handle a case that runs up against parliamentary privilege. When they do, they’re often trapped in a legal black hole where administrative law and even some aspects of the Charter may not apply. ... [read more]

Monday, October 22, 2018 @ 1:49 PM

Access to justice: New models for legal services | Marcus Sixta

There is a crisis in our court system. Legal representation is beyond the reach of many Canadians, especially in the family law courts. ... [read more]

Monday, October 22, 2018 @ 12:54 PM

Fogler, Rubinoff adds partner, counsel

Fogler, Rubinoff LLP announced the addition of partner Eric Hoffstein and counsel John Rowinski to the firm’s Toronto office.   ... [read more]

Friday, October 19, 2018 @ 2:29 PM

SCC sheds light on ‘care, custody & control’ exclusion clause in Quebec commercial liability insurance contract Clément Gascon

The Supreme Court of Canada has 9-0 overturned a Quebec Court of Appeal ruling which relied on a standard liability exclusion clause in that province’s insurance contracts to reject a hotel’s insurance claims in respect of two guest cars stolen from the hotel’s “park and fly” parking lot. On Oct. 19, Justice Clément Gascon (Justice Malcolm Rowe concurring) ruled that the Appeal Court shouldn’t have interfered with the decision of the Court of Quebec judge below ... [read more]

Thursday, October 18, 2018 @ 8:44 AM

ENVIRONMENTAL LIABILITY - Civil litigation

Appeal by the defendants from refusal of an order dismissing the plaintiff's action pursuant to s. 137.1 of the Courts of Justice Act (CJA). ... [read more]

Thursday, October 18, 2018 @ 8:42 AM

DEFAMATION - What constitutes defamatory words - Defences

Appeal by the plaintiff from the dismissal of his action. ... [read more]