Focus On

Civil Litigation


Monday, October 26, 2020 @ 2:37 PM

High time we helped Canadians climb out of debt Ladder

The COVID-19 pandemic caused a medical crisis in the world, which in turn caused an economic crisis in our society, which is now, in its turn, causing a moral crisis within our society. ... [read more]

Monday, October 26, 2020 @ 9:58 AM

Access to Justice Week events focused on creating more inclusive system | Julie Sobowale

October 26 marks the beginning of Access to Justice Week, held from Oct. 26 to Oct. 30, in Alberta, Saskatchewan, Ontario and Nova Scotia. Each province will highlight the work of community justice organizations and pro bono organizations. Throughout the week a series of online national events will focus on educating the public, lawyers and community organizations on how to improve access to justice in their local communities.  ... [read more]

Monday, October 26, 2020 @ 9:56 AM

Business ethics and the law | Vanisha H. Sukdeo

The meaning of the term “ethics” varies across disciplines from philosophy, political science, business and law. What does it mean when we speak about “business ethics” in relation to the law? When companies lead with ethics, they attempt to abide by not just the legal requirements that bind their company but the underlying principles that shaped the law at its creation. ... [read more]

Monday, October 26, 2020 @ 8:54 AM

LSO Convocation adopts revised proposals on fee exemptions for older practitioners Atrisha Lewis

The Law Society of Ontario (LSO) has tweaked its proposals to remove fee exemptions for certain older members of the profession, adopting measures which would provide a reduced rate for practitioners 65 and older and ensuring those individuals who are currently covered by an exemption for those who have practised 50 years or more will still be able to benefit when it is eliminated next year. ... [read more]

Friday, October 23, 2020 @ 4:28 PM

SCC clarifies test on legality of post-incorporation contracts Justice Suzanne Côté

The Supreme Court has ruled the test for finding whether a post-incorporation contract exists is the same as it is for any other agreement, a decision being called an important one for certainty in commercial transactions. The decision in Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp. 2020 SCC 29 concerns Crystal Square, a mixed-use retail complex, office tower, residential tower and hotel in Burnaby, B.C. ... [read more]

Friday, October 23, 2020 @ 1:05 PM

CONDOMINIUMS - Condominium Corporation

Appeal by the strata corporation for the owners of Strata Plan LMS 3905 (Strata Co) from a decision of the British Columbia Court of Appeal that found it had entered a post-incorporation contract with the respondent, Crystal Square Parking Corporation (CSPC). ... [read more]

Friday, October 23, 2020 @ 6:17 AM

WORKERS’ COMPENSATION - Appeals and judicial review - Limitation periods

Appeal by Blomer from a decision that dismissed her application to convert her amended amended statement of claim to an originating application for judicial review of two decisions of the Appeals Commission of the Workers’ Compensation Board. ... [read more]

Friday, October 23, 2020 @ 6:17 AM

CIVIL PROCEDURE - Pleadings - Striking out pleadings or allegations 

Appeal by the plaintiff from decisions of the case management judge that dismissed her application to amend her statements of claim and allowed the respondents’ applications to strike the claims. ... [read more]

Thursday, October 22, 2020 @ 2:35 PM

CRTC’s jurisdiction eliminates court’s involvement court_decision_sm

The Quebec Superior Court’s inherent jurisdiction as the court of original general jurisdiction yielded to the exclusive jurisdiction expressly conferred on the Canadian Radio-television and Telecommunications Commission (CRTC) by the Broadcasting Act, SC 1991, c 11. Justice Gregory Moore in Vidéotron Ltée v. Bell Média Inc. 2020 QCCS 2767 determined that the subject matter prompting an application for injunctive relief had been formally and expressly assigned to the CRTC. By granting the declinatory motion, Justice Moore effectively qualified the CRTC as the “competent court” under article 31 of Code of Civil Procedure, CQLR c C-25.01 (C.C.P.). ... [read more]

Thursday, October 22, 2020 @ 2:33 PM

Ottawa appoints new regional senior judge for Ontario Superior Court

The federal Department of Justice (DOJ) announced on Oct. 22 that Paul R. Sweeny, a judge of the Superior Court of Justice of Ontario, is appointed regional senior judge of the Superior Court of Justice of Ontario for the Central South Region. Justice Sweeny replaces Justice Harrison Arrell, who elected to become a supernumerary judge effective June 30, 2020. ... [read more]