Focus On

Civil Litigation


Wednesday, November 13, 2019 @ 2:31 PM

Franchise disputes on rise in British Columbia lawyers_fighting_sm

These past several years have seen an uptick in franchise court decisions coming out of British Columbia. While the decisions have not yet started to apply provisions of B.C.’s new Franchises Act, which came into force in February 2017, they have otherwise started to gain steam. ... [read more]

Wednesday, November 13, 2019 @ 9:46 AM

Rural Albertans have ‘complete lack of confidence’ in legal system, says justice minister Alberta Justice Minister and Solicitor General Doug Schweitzer

The government of Alberta has announced plans to bring in a variety of measures to address crime in rural communities, ranging from a new integrated force aimed at reducing police response times to eliminating liability for individuals who have taken steps to protect their property, moves the provincial justice minister says are necessary because the justice system is failing individuals who live outside the province’s major cities. ... [read more]

Wednesday, November 13, 2019 @ 8:28 AM

Seeking compensation for wrongful deaths in B.C. HighwayofDeath.jpg

Respect for the dignity of the individual human being is the fundamental value underlying the assertion of rights in Canada. It is the basis for the rights to life, liberty, security of the person and equality under the law as articulated in the Canadian Charter of Rights and Freedoms. As expressed further in its foundational law, Canada strives to be a fair and just society.   ... [read more]

Wednesday, November 13, 2019 @ 7:37 AM

CIVIL PROCEDURE - Pleadings - Striking out pleadings or allegations

Appeal by the plaintiff from a decision dismissing its action for failure to disclose a reasonable cause of action. ... [read more]

Tuesday, November 12, 2019 @ 1:32 PM

Stikeman Elliott adds 21 associates to Toronto office

Stikeman Elliott announced that it has welcomed 21 incoming first year associates to the firm’s Toronto office. ... [read more]

Tuesday, November 12, 2019 @ 8:59 AM

Learning from the U.S. and vice versa american_legal_sm

Jeffrey Leon, a partner at Bennett Jones LLP in Toronto, has just completed a one-year term as only the second Canadian president of the American College of Trial Lawyers (ACTL). ... [read more]

Monday, November 11, 2019 @ 10:54 AM

Fraudulent conveyance and Stone v. Stone: Clarifying inter vivos transfers money_behindback_sm

As we concluded in our previous article, Stone v. Stone 2001 55 O.R. (3d) 491 has been judicially considered at least 42 times but for the most part has been followed. Where courts have come to a different result usually revolves around different facts specific to the particular case being litigated. ... [read more]

Monday, November 11, 2019 @ 10:41 AM

Access to Justice: A2J Week about innovation, collaboration, action | Beverley McLachlin

The end of October marked the celebration of Access to Justice Week in three Canadian provinces — Saskatchewan, Ontario and British Columbia. I was pleased to be able to join Ontario’s justice sector leaders for part of their deliberations on the future of access to justice in Ontario and to follow the activities in the other provinces, albeit from a distance. ... [read more]

Friday, November 08, 2019 @ 6:10 PM

Invesco case: Funding services not subject to GST/HST Hand cutting tax balloon string

In the recent judgment rendered in the Invesco case (SLFI Group v. Canada 2019 FCA 217), the Federal Court of Appeal ruled that a group of Canadian mutual funds was not required to self-assess GST/HST on funding services provided by a U.S. entity because these services were exempt financial services, rather than management or administrative services. ... [read more]

Friday, November 08, 2019 @ 12:40 PM - Last Updated: Friday, November 08, 2019 @ 4:50 PM

Offenders ‘generally’ don’t have to repay crime proceeds that were authorized to be spent on legal defence: SCC Sheilah Martin

In a major win for the defence bar and their clients, the Supreme Court of Canada has ruled 6-3 that sentencing judges generally should not order an offender to repay, by way of fine in lieu of forfeiture, the proceeds of crime that the accused has already spent, with court authorization, on his reasonable legal defence costs. ... [read more]