Focus On

Civil Litigation


Wednesday, November 06, 2019 @ 1:53 PM

International arbitration gets innovative: Privacy, confidentiality and appeals arbitration_global_sm

In the first article in this series, I wrote about innovative uses of international arbitration and the increasing attention on using arbitration for other forms of disputes. Despite the reasons articulated by Judge Gropper (The Arbitration of Cross-Border Business Insolvencies) why parties might wish to agree to arbitration in cross-border insolvency matters, there does not appear to have been a rush to do so. Yet the fundamental concept and reasons supporting it are logical. It may be that more work is needed. ... [read more]

Wednesday, November 06, 2019 @ 8:42 AM

Defining death: Court of Appeal weighs in life_support_sm

How do we know when someone has died? This question has been the subject of debate in Western societies since at least the 18th century, and in modern times has become increasingly fraught due to advancements in medical knowledge and resuscitative technology. ... [read more]

Wednesday, November 06, 2019 @ 6:24 AM

RECEIVERS - Appointment of receiver - Liability of receiver

Appeal by Deltro Electric from a decision ordering the appellant to repay the respondent, $2 million USD and that, failing repayment, a receiver be appointed over the appellant’s assets, undertakings and property. ... [read more]

Wednesday, November 06, 2019 @ 6:23 AM

CARRIERS - Regulation - Tariffs, rates and service charges - Ferries

Appeal by Oceanex Inc. from the dismissal of its judicial review application challenging the approval of the respondent Marine Atlantic’s 2016/17 commercial freight rates. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]

Tuesday, November 05, 2019 @ 12:45 PM

Breakthrough Innovation: New models for practice of law | Kurt Sandstrom

With the exception of technology, the basic model of the practice of law has not changed in any drastic way over the last 30 years, likely longer. While there are pockets of innovation, for the most part, a client usually seeks out a legal professional according to a set number of already established “problem areas” in which lawyers advertise their assistance: wills, estates, personal injury, family law, etc. However, it is very clear from statistics that the vast majority of people’s legal problems cannot be served through this model.  ... [read more]

Tuesday, November 05, 2019 @ 8:51 AM

Legal coaching, unbundled services highlighted by panel on A2J for self-reps (L-R) Tami Moscoe, Joel Miller, Heather Hui-Litwin, Noel Semple, Janis Criger

Legal coaching and unbundled services as a means to improve access to justice for self-represented litigants were lauded by panelists at an Access to Justice event on Oct. 29 at the Law Society of Ontario (LSO). The panel also tackled the role of the regulator and decision-makers in assisting self-reps through a system geared towards lawyers. ... [read more]

Tuesday, November 05, 2019 @ 8:17 AM

Challenge to authenticity of signatures on will will_signature_sm

The decision in Bayford v. Boese 2019 ONSC 5663 involved a dispute over signatures on a will. The challenger neither disputed that the will embodied the testator’s intentions, nor that it was procured by undue influence, or that the testator lacked capacity. The only issue raised was whether the testator signed the will and that the will was executed in the presence of witnesses. ... [read more]

Monday, November 04, 2019 @ 2:14 PM

New litigation associate for Wilton Martin

Wilton Martin announced that Frank Portman has joined the litigation firm as an associate. ... [read more]

Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]