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Civil Litigation

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Tuesday, April 20, 2021 @ 2:29 PM

New Brunswick First Nations eye court action after tax-sharing cancelled Derek Simon, Burchells LLP

First Nations communities in New Brunswick are eyeing legal action after the province announced it is pulling out of tax-sharing agreements historically aimed at putting money back into reservations. This follows an April 13 announcement by New Brunswick Premier Blaine Higgs that his Conservative government would not be renewing long-standing revenue sharing agreements with 13 Mi’kmaq and Wolastoqey Frist Nations in that province. ... [read more]

Tuesday, April 20, 2021 @ 1:27 PM

Lenczner Slagt welcomes new research counsel, new associate

Lenczner Slagt announced the addition of Lynne McArdle as research counsel and Lidiya Yermakova as associate. ... [read more]

Tuesday, April 20, 2021 @ 1:08 PM

Wolf in sheep’s clothing: The legacy of Bernie Madoff Wolf in sheep's clothing

On April 14, 2021, Bernie Madoff died in a federal prison in North Carolina at the age of 82, while serving a 150-year prison sentence for fraud. The victims of his infamous Ponzi scheme, upon hearing the news, were quoted as saying, “I couldn’t wish enough bad things on him.” and “Death is too good for him.” ... [read more]

Tuesday, April 20, 2021 @ 10:18 AM

Ontario family justice in ‘lockdown’ Books, Blind Justice and COVID-19 virus

In March 2020, the COVID-19 pandemic forced the family justice system into “lockdown.” Courthouses were closed, along with in-court services such as Family Law Information Centres (FLICs) and duty counsel. Courts initially heard only “urgent” matters, and a “triage” system was developed to determine which cases met the threshold for a hearing. ... [read more]

Tuesday, April 20, 2021 @ 8:34 AM

Resulting trusts can cause more estate problems than they solve Taxes and inheritance

When clients decide to leave money to their children on their death, they generally want to do so in the simplest and easiest way. Anything that gets the inheritance into their children’s hands as quickly as possible, and with the smallest tax hit, is almost always the preferable way. ... [read more]

Tuesday, April 20, 2021 @ 6:24 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Certification

Appeal by the plaintiff from a decision of a motion judge refusing to certify the appellant’s action as a class proceeding but granting it leave to reapply to certify the claim in restraint of trade. ... [read more]

Monday, April 19, 2021 @ 10:55 AM

Potential conflict of child vaccination during COVID Silhouette of woman about to give child a needle

When it comes to separated parents undergoing divorce, the existing points of contention are usually numerous. And with the outbreak of the COVID-19 pandemic, as well as vaccine rollouts already underway across Canada, the decision on whether to vaccinate their child against the virus may become the next item on an already-long list. ... [read more]

Monday, April 19, 2021 @ 9:27 AM

ASSESSMENT OF DAMAGES - Limiting factors - Duty to mitigate

Appeal by the defendants from a trial decision refusing to award them damages for the respondents’ wrongful filing of a caveat against land owned by the appellants. The respondents claimed a beneficial interest in part of the land pursuant to an oral agreement. ... [read more]

Monday, April 19, 2021 @ 9:22 AM

CIVIL PROCEDURE - Costs - Complex, novel or test case

Appeal by the defendants in a class action from a trial decision awarding them no costs after the action was dismissed after a six-week trial. ... [read more]

Friday, April 16, 2021 @ 1:38 PM

New test for preservation of property as evidence during litigation Puzzle piece labelled 'evidence'

Interim preservation of property during litigation is dealt with under Rule 45 of the Ontario Rules of Civil Procedure. Under this rule, parties can move for preservation of any property “in question” or “relevant” to a proceeding. In other words, the property sought to be preserved can be the subject matter of the litigation, such as a fund or asset over which ownership is disputed, or property that is relevant to a determination of the claim, such as evidence. ... [read more]