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Civil Litigation

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Tuesday, June 26, 2018 @ 9:11 AM

REAL ESTATE AGENTS AND BROKERS - Creation of agency - Liability

Appeal by the plaintiff, Siemens, from dismissal of his action against the defendant, Howard, in respect of a property ownership dispute. ... [read more]

Tuesday, June 26, 2018 @ 9:08 AM

CONSIDERATION - What constitutes - Forbearance

Appeal by the plaintiff, Rosas, from the dismissal of her action against the defendants, Toca and Visaya, to enforce repayment of a loan. ... [read more]

Tuesday, June 26, 2018 @ 8:52 AM

Prejudgment interest: Challenges and solutions prejudgment_interest_sm

While the prejudgment interest (PJI) regime varies from jurisdiction to jurisdiction, all regimes have one thing in common — the rates are remarkably low, presently generally in the one per cent range, and without compounding. ... [read more]

Monday, June 25, 2018 @ 10:41 AM

Supreme Court’s TWU decision: an illiberal outcome Humanoids_sm.jpg

The Supreme Court of Canada’s Trinity Western decisions (Trinity Western University v. Law Society of Upper Canada 2018 SCC 33; Law Society of British Columbia v. Trinity Western University 2018 SCC 32) are being celebrated by many as a win for diversity. In truth, the “diversity” advanced by the majority’s reasons is not authentic diversity at all. ... [read more]

Monday, June 25, 2018 @ 10:21 AM

OBA casebook printing initiative assists access to justice, environment Justin Nasseri sm

Printing casebook pages double-sided may seem like a small step toward making civil proceedings more environmentally friendly, but it’s an initiative the Regional Senior Judges Council (RSJ Council) has made mandatory as of June 15 after receiving a proposal from the Ontario Bar Association (OBA) advocating for reduced paper use. ... [read more]

Monday, June 25, 2018 @ 8:45 AM

BARRISTERS AND SOLICITORS - Disqualification or removal

Application by the plaintiff Fereidooni to disqualify Gowlings LLP from acting for the defendant Burnham in this litigation. ... [read more]

Friday, June 22, 2018 @ 6:19 PM - Last Updated: Monday, June 25, 2018 @ 11:55 AM

Chief Justice Wagner calls for judicial discipline reforms as Ottawa drags heels on removing sidelined judge Richard Wagner

Canada’s top judge has called on the Trudeau government to enact reforms to reduce the persistent lengthy delays and high costs of the federal judicial discipline process. ... [read more]

Friday, June 22, 2018 @ 8:46 AM

SCHOOLS - Student discipline - Behavioural offences - Violence – Penalties - Transfers

Application by a student and his guardian for judicial review of a school transfer directed by the Toronto Catholic District School Board. ... [read more]

Friday, June 22, 2018 @ 8:03 AM

TWU ruling sheds light on religious freedom, administrative law but some questions left unresolved Eugene Meehan

What do we know about the law that we didn’t know before the Supreme Court of Canada rendered its much-anticipated companion rulings in the landmark Trinity Western University case on June 15? Lawyers and academics expect to be sifting answers for some time from what the top court had to say in its three concurring (and one dissenting) opinion in each of Trinity Western University v. Law Society of Upper Canada 2018 SCC 33 and Law Society of British Columbia v. Trinity Western University 2018 SCC 32. ... [read more]

Wednesday, June 20, 2018 @ 1:28 PM

B.C. College of Physicians and Surgeons protects public by delisting uncertified doctors doctortreeshirt_sm.jpg

From 2011 to 2017, Drs. Sean and Rosemarie Cambridge, two foreign-trained physicians, provided medical care to hundreds of patients in Chilliwack, B.C., under a provisional medical licence issued by the College of Physicians and Surgeons of B.C. During this period of time the government paid the Cambridge physicians millions of dollars in fees, according to B.C.’s Medical Service Plan (MSP) billing records. In the fall of 2017, the Cambridge physicians’ medical licences were cancelled on the basis that they had failed to meet the requirements for continued registration and licensure. ... [read more]