Focus On

Civil Litigation


Wednesday, November 20, 2019 @ 8:26 AM

When can beneficiary of a trust enforce rights of trustee in equity? check_mate_sm

Subject to certain exceptions, as a general rule, only an executor, administrator and/or trustee of an estate or trust has standing to commence proceedings on behalf of the estate or trust (Joncas v. Pennock and Durstling, 1959 A.J. No. 48; Maddess v. Racz et al., 2006 BCSC 642 at para. 15). ... [read more]

Wednesday, November 20, 2019 @ 8:10 AM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Availability of Charter protection - Natural persons

Appeal by the patient’s parents as her substitute decision makers from a decision dismissing her application for an order rescinding the certificate of medical death filed by the respondent and a declaration that she was not dead because she was alive according to the precepts of her Christian faith and therefore entitled to continue to receive medical treatment. ... [read more]

Tuesday, November 19, 2019 @ 4:15 PM

Adair Goldblatt Bieber hires three associates

Adair Goldblatt Bieber LLP announced that Eleanor Vaughan, Michele Valentini and Robert Stellick have joined the firm as associates. ... [read more]

Tuesday, November 19, 2019 @ 3:33 PM

Windsor pro bono students launch trans ID clinic, expand on Toronto pilot Ryan Markesic sm

The Pro Bono Students Canada (PBSC) chapter at the University of Windsor’s Faculty of Law is launching its own clinic to assist trans people who want to change their ID. “As Canadians, it’s almost impossible to do anything if you don’t have proper ID,” explained Ryan Markesic, the PBSC program co-ordinator who will be overseeing the trans ID clinic. ... [read more]

Tuesday, November 19, 2019 @ 12:32 PM

In defence of transactional common interest privilege top_secret_sm

On Oct. 31, 2019, The Lawyer’s Daily published “Transactional common interest privilege: Not over till it’s over”, by Alexander Gay. Commenting on the Federal Court of Appeal’s decision in Iggillis Holdings Inc. v. Canada (M.N.R.) 2018 FCA 51, Gay calls out Bay Street for its misplaced confidence that the threat to transactional common interest privilege created by the lower court Iggillis decision (2016 FC 1352) has been neutralized by the Federal Court of Appeal’s reversal of that decision. He suggests that transactional common interest privilege “undermines the administration of justice,” and that it is only a matter of time before this “orphan privilege” is once again challenged in Canadian courts. ... [read more]

Tuesday, November 19, 2019 @ 8:28 AM

CUSTODY AND ACCESS - Practice and procedure - Contempt

Appeal by the father from an order finding him in contempt of a court order that governed the parties’ parenting arrangements. ... [read more]

Monday, November 18, 2019 @ 8:21 AM

Going nuclear: Freezing assets with a Mareva injunction frozen_dollar_sm

Courts are generally loath to permit “execution before judgment.” The simple reason is that a plaintiff has not yet proven their case against the defendant. Tying up a defendant’s assets pending a trial that may be a couple years away may cause an inequitable result if the defendant is ultimately successful in showing that a plaintiff’s claim is unmeritorious. The freezing order could also make the defendant unable to defend itself or result in a “forced” settlement on terms that the defendant would not have otherwise agreed to. ... [read more]

Friday, November 15, 2019 @ 2:34 PM

Evidentiary lessons from the medical malpractice trenches presenting_evidence_sm

In Cheesman v. Credit Valley Hospital 2019 ONSC 4996, the Ontario Superior Court of Justice provided guidance on some key evidentiary issues: 1) cross-examination of parties who have settled in multiparty litigation, and 2) the admissibility of PowerPoint and other demonstrative aids to facilitate expert testimony. ... [read more]

Friday, November 15, 2019 @ 9:10 AM

Till debt do us part: dividing liabilities Ax breaking chain

When most people think of family law cases, they think of fairly dividing the family assets: the house, the car, perhaps the heirloom grandfather clock. The flip side of the coin, however, is less straightforward. What is the best approach to untangling not just the assets, but the liabilities? ... [read more]

Friday, November 15, 2019 @ 9:09 AM

Class Proceedings Fund gets cy près award in securities class action people_money_sm

Who can be the recipient of a cy près award in a class action? In the recent decision, Cappelli v. Nobilis Health Cor. 2019 ONSC 4521, the court approved a novel recipient of the award: The Class Proceedings Fund. ... [read more]