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Civil Litigation

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Monday, April 15, 2019 @ 8:58 AM

PARTIES - Capacity

Appeal by the defendant, Hess, from a summary judgment granted in favour of the plaintiffs, the Executors of the Thomas Estate. ... [read more]

Monday, April 15, 2019 @ 8:54 AM

CIVIL PROCEDURE - Party types - Representation of - By non-lawyer

Application by the appellant company to be represented by K, its sole director, a lawyer in good standing in Israel but not a member of any law society in Canada. ... [read more]

Friday, April 12, 2019 @ 5:47 PM

SCC clarifies scope of courts’ supervisory jurisdiction over residential schools agreement Suzanne Côté

In a ruling on the scope of courts’ supervisory jurisdiction over class action settlements, the Supreme Court of Canada has 5-2 allowed the appeal of a Manitoba residential school survivor whose sexual abuse claim under the Indian Residential Schools Settlement Agreement (IRSSA) had been dismissed by adjudicators under the Independent Assessment Process (IAP). ... [read more]

Friday, April 12, 2019 @ 1:28 PM

ABORIGINAL STATUS AND RIGHTS - Civil actions and liabilities - Historical grievances - Residential schools

Appeal by JW from a judgment of the Manitoba Court of Appeal setting aside a decision of the Supervising Judge remitting JW’s claim under the Indian Residential Schools Settlement Agreement (Agreement) for re-adjudication. ... [read more]

Friday, April 12, 2019 @ 12:08 PM

Lametti says no need for Trudeau gov’t to probe ‘one-off’ SCC leak; but demand grows for RCMP investigation Exclusive

Justice Minister David Lametti says a damaging leak about the latest Supreme Court of Canada appointment was a “one-off” that did not come from his department or the Prime Minister’s Office (PMO) — nor does it require the Trudeau government to track down the leak’s source(s) or reconsider the adequacy of the confidentiality protections around the Supreme Court appointment process. ... [read more]

Friday, April 12, 2019 @ 10:47 AM

Free Willy bill whale of a win for cetaceans 3whales.jpg

Animal law was in the news again on April 2. Bill S-203, a private member’s bill originally tabled some four years ago, Ending the Captivity of Whales and Dolphins Act, passed the scrutiny of the committee, where bills are scrutinized to the comma and picked apart line by line. ... [read more]

Friday, April 12, 2019 @ 8:42 AM

CIVIL PROCEDURE - Discovery - Physical or psychological examination

Appeal by the defendants from a decision of a chambers judge limiting a medical examination by a health care professional of the respondent minor. ... [read more]

Friday, April 12, 2019 @ 8:41 AM

Ontario’s ‘One-Judge’ pilot borrows from arbitration one_judge_sm

On Feb. 1, Ontario’s Superior Court of Justice began a two-year pilot project to test-drive one important feature of arbitration — one judge handling all procedural steps in a case: all pretrial hearings, case management conferences and the trial. ... [read more]

Thursday, April 11, 2019 @ 2:45 PM

Discriminatory ramifications, inconsistent impairment designations for injured kids moneymedicalchart.jpg

The Ontario legislature filed Bill 251/15 under Insurance Act, R.S.O. 1990, c. I.8 on Aug. 26, 2015, which amended the Ontario Regulation 34/10: Statutory Accidents Benefits Schedule (SABS) — Effective Sept. 1, 2010, (SABS 34/10). It ushered in significant changes that came into force on June 1, 2016, such as the removal of the controversial and problematic Glasgow Coma Scale (GCS) test as a means to obtain an automatic catastrophic impairment designation with a GCS score of nine or less. ... [read more]

Thursday, April 11, 2019 @ 11:13 AM

Bill requiring named judges to disclose expenses changed so only anonymized expenses to be published Pierre Dalphond

Judges would no longer have to disclose their individual expenses under amendments to Bill C-58 accepted by the Senate Legal and Constitutional Affairs Committee April 10. With the enthusiastic endorsement of Sen. Pierrette Ringuette, who is the Senate sponsor of the Liberal government’s access to information overhaul, the red chamber’s legal affairs committee passed Sen. Pierre Dalphond’s amendments that narrow the government’s proposal to require, for the first time, all federal judges to disclose their expenses. ... [read more]