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Civil Litigation


Thursday, September 06, 2018 @ 9:08 AM

CIVIL PROCEDURE - Disposition without trial - Frivolous, vexatious or abuse of process

Appeal by the plaintiff from the dismissal of her action for a declaration that she held beneficial ownership of assets held by her mother and brother. In prior divorce proceedings, the appellant had asserted she held millions of dollars of real property registered in her name in trust for her mother. ... [read more]

Wednesday, September 05, 2018 @ 9:27 AM

SCC fall session features landmark cases on standard of review and sexual assault Steven Mason

Judicial review, class actions and sexual assault cases dominate the Supreme Court of Canada’s fall session. From Oct. 10 to Dec. 14, the nine judges will hear 26 appeals (only 10 are criminal) on an eclectic docket that also features cases on bankruptcy, bail review, civil procedure, freedom of the press, labour law, search and seizure and tax. ... [read more]

Wednesday, September 05, 2018 @ 8:43 AM

CIVIL PROCEDURE - Limitation of actions - When time begins to run

Appeal by the plaintiffs from a decision finding that their action was statute barred. ... [read more]

Wednesday, September 05, 2018 @ 8:41 AM

The TWU decision: Five big questions | Jonathan Martin and Kristopher Kinsinger

On June 15, 2018 the Supreme Court of Canada released its highly anticipated rulings in the matters of Law Society of British Columbia v Trinity Western University, 2018 SCC 32 and Trinity Western University v Law Society of Upper Canada, 2018 SCC 33 [collectively TWU 2018]. The decisions immediately attracted a wide range of responses from across the legal community. This article identifies and briefly discusses five key questions raised by this important decision. ... [read more]

Tuesday, September 04, 2018 @ 11:58 AM

Osler partner named to Quebec Superior Court

Osler, Hoskin & Harcourt LLP announced that partner Sylvain Lussier has been appointed to the Superior Court of Quebec. ... [read more]

Tuesday, September 04, 2018 @ 8:54 AM

Challenging powers of attorney based on undue influence undue_influence_sm

Power of attorney disputes are difficult pieces of litigation. The “donor” of the POA is often an older adult who is frequently frail or mentally incapable or both when the dispute arises. The litigants are usually family members battling for judicial recognition as the donor’s legitimate substitute decision-maker. Allegations of bad behaviour are common, emotions run high, and everyone involved claims the high moral ground of acting in the best interests of the donor. ... [read more]

Thursday, August 30, 2018 @ 11:50 AM - Last Updated: Thursday, August 30, 2018 @ 3:57 PM

Federal Court of Appeal quashes Trans Mountain pipeline, citing environmental, Indigenous concerns Dwight Newman, University of Saskatchewan College of Law

The Federal Court of Appeal has quashed the federal government’s approval of the contentious Trans Mountain pipeline project, saying the National Energy Board (NEB)’s review of the project was flawed and that Canada did not properly consult with Indigenous peoples who would be affected by the project. ... [read more]

Thursday, August 30, 2018 @ 8:47 AM

Harsher penalties to stop workplace discrimination, boost accommodation | Stuart Rudner

The message seems clear: in 2018, people should not be prevented from working due to barriers that have no relation to their ability to do their job. And yet our courts and tribunals continue to award nominal compensation when organizations discriminate against candidates or employees in contravention of human rights legislation. ... [read more]

Thursday, August 30, 2018 @ 8:19 AM

CIVIL EVIDENCE - Affidavits - Cross-examination on

Application by the defendant for the defendant-by-counterclaim Rath to provide a further affidavit of records and for Rath and the plaintiff Blough to answer questions and produce undertakings refused on cross-examination on their affidavits. ... [read more]

Wednesday, August 29, 2018 @ 2:41 PM

Miller Thomson adds staff in Toronto, Vaughan

Miller Thomson LLP has added three new faces to its Toronto office, including a partner and two associates, and one new associate for its office in Vaughan, Ont. ... [read more]