Focus On

Civil Litigation


Friday, December 17, 2021 @ 1:04 PM

International arbitration roundup 2021: Another busy year Review 2021 on film clapper board

Despite the ongoing pandemic, the international arbitration community had a busy year in 2021, including making strides in improving diversity and seeing the introduction of new rules and guidelines, but also sadly losing some prominent members. ... [read more]

Friday, December 17, 2021 @ 12:30 PM

Prime minister hands out mandate letters to federal cabinet ministers detailing specific objectives Justin Trudeau

Prime Minister Justin Trudeau has publicly issued his marching orders to the 38 cabinet ministers of the minority Liberal government elected in the fall. In a practice designed to enhance public transparency and accountability, that was pioneered by the Trudeau Liberals when they first formed government in 2015, the prime minister unveiled on Dec. 16 the individual mandate letters which specify, in some detail, what he expects each cabinet member to get done in carrying out the government’s agenda during the 44th Parliament.  ... [read more]

Friday, December 17, 2021 @ 12:05 PM

Nova Scotia courts adjusting to rise in COVID-19 cases

In response to record-high outbreaks of COVID-19 in Nova Scotia, courts across the province are again shifting operations in efforts to curb the spread of the virus and the new omicron variant. On Dec. 17 it was announced that, starting Jan 4, the Nova Scotia Supreme Court’s general and family divisions will be using a “modified essential services model in all locations.” ... [read more]

Friday, December 17, 2021 @ 9:46 AM

B.C. appropriate forum for billionaire’s Twitter defamation lawsuit, Appeal Court says

A billionaire financier has been given the go-ahead to pursue his defamation claim against social media giant Twitter in British Columbia. In January B.C. Supreme Court Justice Elliott Myers ruled that B.C. courts had a presumptive jurisdiction to hear Frank Giustra’s claim under the Court Jurisdiction and Proceedings Transfer Act, which allows cases to continue if there is a “real and substantial connection” between British Columbia and the facts on which the proceeding against that person is based. ... [read more]

Friday, December 17, 2021 @ 8:40 AM

The ‘near will’: How close is close enough? Brick wall with middle brick missing

On Jan. 1, 2022, an interesting amendment to the Succession Law Reform Act (the SLRA) comes into effect. Section 21.1 [1] of the SLRA, as amended, is titled the “Court Ordered Validity” section and provides that if a Superior Court judge is satisfied that a document that was not otherwise properly executed in accordance with the formal requirements of the SLRA, but nevertheless sets out the testamentary intentions of a deceased or the intention to revoke, alter or revive a previous will, the court can order that the document is a valid and effective will, revocation, alteration or revival. ... [read more]

Friday, December 17, 2021 @ 6:26 AM

ACTIONS - By insured against insurer - Costs - Considerations

Motion by the appellant insurer for trial costs of $561,104 following its successful appeal. The appellant issued the respondents an all-risk insurance policy. The respondents agreed to purchase radioisotopes from Atomic Energy, produced at the Nuclear Research Universal reactor. The respondents made an insurance claim for business losses arising from the unplanned shutdown of the reactor. ... [read more]

Thursday, December 16, 2021 @ 2:41 PM

Portnov’s complaint: How Vavilov has breathed new life into judicial review Matrix handshake

In highly regulated industries, such as health and telecommunications, businesses must contend with numerous approvals, regulations and policies. Ideally, regulatory relationships will be smooth, and any differences between companies and their regulators can be worked out amicably. But there are times when this does not work out, and companies must turn to the courts and administrative law to determine if they have any options other than doing what the regulator wants. Two recent decisions of the Federal Court of Appeal show that, after the Supreme Court’s 2019 decision in Vavilov, the courts may be more willing than ever to intervene (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65). ... [read more]

Thursday, December 16, 2021 @ 2:08 PM

SCC will hear appeal of failed constitutional attack on ‘Safe Third Country’ agreement with U.S. Federal Court of Appeal Justice David Stratas

The Supreme Court of Canada has granted leave to appeal from an important Federal Court of Appeal ruling which overturned the striking down of Canada’s Safe Third Country Agreement (STCA) on refugee claimants with the United States. ... [read more]

Thursday, December 16, 2021 @ 12:28 PM

LCO report comparing European Union, Canadian AI regulation stresses development of ‘trustworthy AI’ Nye Thomas, Law Commission of Ontario executive director

A Law Commission of Ontario (LCO) report comparing Canadian and European AI regulation notes there are “major gaps” in this area in Canada that “must be addressed urgently.” “It’s an area of growing concern,” said Nye Thomas, the LCO’s executive director. Thomas stressed that Canadian laws are “going to have to adapt to meet these new technologies; whether it be administrative law, or criminal law, or the law of civil procedure.” ... [read more]

Thursday, December 16, 2021 @ 11:01 AM

Importance of enforcing animal protection laws | Victoria Shroff

Those interested in animal law will know that animals are generally relegated as mere property under the law. While animals do have some protections under Canadian law, it is critical that the laws we do have are enforced robustly in order to give animals protections they justly deserve. Without this, how do animals have even a fighting chance? ... [read more]