Focus On

Civil Litigation


Friday, May 29, 2020 @ 1:12 PM

History made in Ontario courts: Nation Rise outcome youtube_court_sm

The first three articles of this five-part series on the history-making April 17 Divisional Court hearing in the Nation Rise Wind Farm Limited Partnership v. Ontario (Minister of the Environment, Conservation and Parks) 2020 ONSC 2984 judicial review was published in The Lawyer’s Daily recently. ... [read more]

Friday, May 29, 2020 @ 11:23 AM

Fallout from dirty money and its threat to privacy Moneyfordocuments

In the fallout from Peter German’s sensationally titled and state-sponsored studies, Dirty Money and Vancouver at Risk, looms the spectre of their aftermath which include the eventual recommendations from the Commission of Inquiry into Money Laundering in B.C., political wrangling and policymaking. Thus far, policymakers have called for “greater transparency,” financial reporting requirements, unexplained wealth legislation, enhanced statutory compulsion powers and the creation of vast government databases detailing “beneficial ownership.”  ... [read more]

Friday, May 29, 2020 @ 9:33 AM

Dependants denied support for misconduct: Death and the ‘slayer rule’ denied_stamp_sm

Ontario’s courts and legislature offer an avenue for dependants to challenge how the estate of the deceased is distributed. While a testator generally has the right to dictate what happens to his/her assets upon death, certain relationships create responsibilities that limit this testamentary freedom, and a court might order that the estate pay the dependant support from the estate, over and above what the testator had intended. ... [read more]

Friday, May 29, 2020 @ 9:25 AM

CONSPIRACY - Nature and elements of tort of conspiracy

Appeal by the wife from partial summary judgment dismissing her conspiracy claim as not raising a genuine issue requiring trial. ... [read more]

Thursday, May 28, 2020 @ 1:16 PM

Canadian courts adapt to challenges of COVID-19 closed_COVID_sm

Over the past few months, Canadians have experienced unprecedented changes in all facets of their lives. As businesses, from restaurants to banks, have quickly shifted their operations to help flatten the curve, so to have our nation’s courts. ... [read more]

Thursday, May 28, 2020 @ 11:52 AM

Watch out for ex-spouse using COVID-19 to their advantage COVID financial crisis

While the pandemic represents a time of struggle for most people, for some separating or recently separated spouses, it represents a time of opportunity. Those spouses may try to take advantage of the situation, and the operation of Part 1 of Ontario’s Family Law Act, to try to get all of their ex’s wealth. Assisting clients during these difficult times requires an understanding of how that can happen. ... [read more]

Thursday, May 28, 2020 @ 9:18 AM

CROWN - Government boards and commissions - Jurisdiction to review - Legislation

Appeal by the Attorney General of Canada from a Federal Court judgment that granted the respondent’s judicial review application and set aside a decision of the Commissioner of Lobbying not to conduct an investigation under the Lobbying Act. ... [read more]

Thursday, May 28, 2020 @ 9:03 AM

National COVID-19 action committee issues first guidance for reopening courts during pandemic Richard Wagner

A national task force, co-led by Chief Justice of Canada Richard Wagner and federal Justice Minister David Lametti, has devised some initial guidelines, and identified overarching principles, to help local courts safely and appropriately resume their operations during the COVID-19 pandemic. ... [read more]

Thursday, May 28, 2020 @ 8:42 AM

Validation of deficient testamentary documents in B.C.: Successes hand_written_sm

In the wake of COVID-19 there has been increased discussion in British Columbia of the prospective validation of wills that are not fully compliant with the formal execution requirements set out in s. 37 of the Wills, Estates and Succession Act (WESA). ... [read more]

Wednesday, May 27, 2020 @ 2:11 PM

A glimpse into the future of post-COVID family law | David Frenkel

There has been a steady increase in predictions that a wave of family law cases will spike post-COVID-19. This prophetic murmuring has also been coupled with the reality that the family court system will be unable to handle the deluge of pent-up cases. ... [read more]