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Civil Litigation

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Tuesday, October 16, 2018 @ 9:51 AM

SCC precedent key in rescue group’s appeal against ousted volunteer, lawyer says

Courts will not interfere with a volunteer organization’s expulsion of a member unless the latter has a “proprietary interest” via that membership, a lawyer says of an appeal involving a Manitoban who was booted from a search and rescue team. Leaning heavily on precedent set by the Supreme Court of Canada, the Court of Appeal of Manitoba ruled on Oct. 1 that a lower court was wrong to reinstate the membership of one Jim Bell as a volunteer with the Civil Air Search and Rescue Association of Manitoba (CASARA Manitoba).   ... [read more]

Tuesday, October 16, 2018 @ 9:41 AM

Litigation privilege: Unsure bulwark for a party in bad faith shield_protection_sm

Abuse of the judicial system is not a novel phenomenon and remains highly problematic for parties that have to deal with it. In 2009 and again in 2015, the Quebec legislature added provisions to the Code of Civil Procedure giving courts the power to sanction abuse of process. It can nevertheless be difficult for a party to prove abuse of process or similar improper conduct by the adverse party. This is especially true when the latter is able to contest the communication of relevant evidence on the grounds of professional secrecy or litigation privilege. ... [read more]

Tuesday, October 16, 2018 @ 9:17 AM

Top judge suggests Ottawa should publicly explain when it rejects courts’ reasonable budget requests TLD Exclusive

Federal Court Chief Justice Paul Crampton says the federal government should be obliged to account to the public why it turns down budgetary requests from Canada’s four national courts that are deemed reasonable by an independent advisory body. Since budget freezes nearly shuttered some of his courtrooms last year, the Federal Court’s leader has been striving to come up with a way to boost the operational funding of the itinerant national trial court that has seen successive governments turn down budget requests from the Courts Administration Service (CAS) — the registry for the Federal Court, Federal Court of Appeal, Tax Court and Court Martial Appeal Court. ... [read more]

Tuesday, October 16, 2018 @ 8:54 AM

The Cannabis Act: A gift to lawyers that will keep on giving cannabis_legalization_sm

For lawyers, the Cannabis Act has meant a substantial increase in demand for legal advice, particularly in the areas of real estate and human rights law. The Cannabis Act has left significant regulatory gaps which have been left to the provinces and municipalities for further regulation. The challenge for lawyers is to assist clients to successfully navigate through the regulatory gaps and avoid the destructive consequences of litigation at the court or tribunal levels. ... [read more]

Monday, October 15, 2018 @ 12:31 PM

Blaney McMurtry bolsters team with addition of eight associates

Blaney McMurtry LLP announced that Benjamin Burgar, Jonathan Fillipone, Dena Givari, Zoe Hontoulas, Shayan Kamalie, Jonathan Mor, Anthony Gatensby and Harrison Nemirov have joined the Toronto firm as associates. ... [read more]

Monday, October 15, 2018 @ 11:28 AM

NUISANCE - Practice and procedure

Appeal by the plaintiffs from summary judgment dismissing their claim against Manitoba. ... [read more]

Monday, October 15, 2018 @ 10:41 AM

Truth on the bus Busad

If you live in a place with public transit, buses are part of your daily background. You may not spend much time noticing what, if anything, is advertised on your municipal buses (unless you’re stuck in traffic behind one). But what if the bus was plastered with distorted images of fetuses and the (manifestly false) statement that “Abortion Kills Children”? ... [read more]

Monday, October 15, 2018 @ 9:36 AM

Cannabis legalization: Avoiding the personal injury potholes | Jasmine Daya Cannabis legislation

Canadians are gearing up for Oct. 17, 2018, a date that will forever be remembered by generations to come. Whether you are a consumer wanting to blaze legally, a firm believer in medical marijuana, a liberal who believes in the freedom of choice or a dealer wanting to earn a buck above board, this movement has brought Canadians together with excitement and anticipation. ... [read more]

Friday, October 12, 2018 @ 1:43 PM

Bennett Jones partner Leon named president of American College of Trial Lawyers

The American College of Trial Lawyers (ACTL), one of the premier professional organizations comprised of pre-eminent trial lawyers from the U.S. and Canada, has installed Jeffrey S. Leon, a partner with Bennett Jones LLP in Toronto, as its 69th president to lead the college during the coming year. ... [read more]

Friday, October 12, 2018 @ 10:40 AM

Legal program helps sick children and their families in Atlantic Canada

It takes a legal village to help sick children and their parents. Together McInnes Cooper, the Legal Information Society of Nova Scotia (LISNS), and the IWK Health Centre are working to provide pro bono services for hospitalized kids and their parents. “The IWK Family Legal Health Partnership was created to help patients and their families address legal issues that have an impact on the well-being of the child,” said Melanie Comstock, a partner with McInnes Cooper in Halifax. ... [read more]