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Civil Litigation

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Monday, September 17, 2018 @ 9:03 AM

It's up to Indigenous, environmental groups to protect public interest | Pamela Palmater

Despite objections from some of the Indigenous groups about the consultation process, the Federal Court of Appeal (in Tsleil-Waututh Nation et al v. Canada (Attorney General) 2018 FCA 153) held that Canada acted in good faith and that the consultation framework it used was appropriate. ... [read more]

Friday, September 14, 2018 @ 3:44 PM

Ontario sued for $32 million-plus for alleged wrongful retention of exonerated suspects’ DNA test results Kirk Baert

A prominent class action law firm is suing the Ontario government for $32 million-plus, alleging that the government is wrongfully retaining — rather than destroying — DNA test results in the Ontario Centre of Forensic Sciences that were obtained from potential suspects who were exonerated by the DNA samples they volunteered to give police during criminal investigations during the past 18 years. ... [read more]

Friday, September 14, 2018 @ 12:08 PM - Last Updated: Friday, September 14, 2018 @ 3:38 PM

ISPs entitled to ‘reasonable costs’ incurred to comply with third party disclosure orders in illegal downloading case, SCC rules Russell Brown

In a novel interpretation of the 2015 “notice and notice” provisions of the Copyright Act, the Supreme Court has ruled that Rogers Communications Inc. and other ISPs are entitled to be reimbursed for their “reasonable costs” in supplying the names and addresses of alleged illegal downloaders to copyright holders pursuant to Norwich third party disclosure orders. ... [read more]

Thursday, September 13, 2018 @ 4:00 PM

Langlois adds two lawyers to Montreal office

Langlois lawyers announced that Marie-Pier Desmeules and Kathleen Houlihan have joined its litigation and employment and labour law groups in its Montreal office. ... [read more]

Thursday, September 13, 2018 @ 1:54 PM - Last Updated: Thursday, September 13, 2018 @ 3:47 PM

Ottawa announces settlements in two class actions over benefits denied disabled veterans, sick moms Michel Drapeau

The federal government is moving to settle two high-profile class actions against Ottawa that were launched separately by disabled veterans upset by pension claw-backs, and by mothers denied EI sickness benefits while on parental leave. ... [read more]

Thursday, September 13, 2018 @ 9:20 AM

Arbitration appeal: Jurisdictional argument or collateral attack arbitration_dispute_sm

The recent case of Alectra Utilities Corporation v. Solar Power Network 2018 ONSC 4926 illustrates the difficulties that can arise in distinguishing between an allegation that an arbitrator lacked jurisdiction, from an allegation that the arbitrator simply made a wrong decision. ... [read more]

Thursday, September 13, 2018 @ 8:56 AM

Adair Goldblatt Bieber adds associate

Stephanie Bishop Hall has joined Adair Goldblatt Bieber LLP as an associate at the civil litigation boutique. ... [read more]

Thursday, September 13, 2018 @ 8:50 AM

Toronto municipal election 2018: chaos, notwithstanding | John Mascarin and Monica Ciriello

Justice Edward P. Belobaba’s ruling in City of Toronto et al. v. Ontario (Attorney General) 2018 ONSC 5151 received an unusually early morning release on Sept. 10, 2018. The City of Toronto (City) and several candidates and electors who challenged the constitutional validity of the Better Local Government Act, 2018 (Bill 5) were initially jubilant because a number of provisions of the statute that reduced the number of wards in the City of Toronto for the upcoming municipal election from 47 to 25 were held to be unconstitutional. ... [read more]

Thursday, September 13, 2018 @ 8:36 AM

CIVIL PROCEDURE - Jury trials - Challenges

Motion by the plaintiff for an order permitting her to challenge potential jurors who paid for automobile insurance premiums for partiality or ineligibility. ... [read more]

Wednesday, September 12, 2018 @ 8:52 AM

ABORIGINAL LANDS - Duties of the Crown - Consultation and accommodation

Motion by the plaintiffs Aroland First Nation and Ginoogaming First Nation for partial summary judgment. ... [read more]