Focus On

Civil Litigation


Friday, February 14, 2020 @ 8:15 AM

Top 10 business decisions of 2019: From orphan wells to Vavilov trilogy top_ten_sm

As the second in our two-part series listing the Top 10 business decisions of 2019, here are the five cases that lead the class, in ascending order. ... [read more]

Thursday, February 13, 2020 @ 12:57 PM

Social media effect: Privacy and proper use of surveillance at trial Social media icons

Over the years, surveillance has evolved. With the rise of social media, online surveillance has become a common method of choice by insurers. Parameters surrounding how broad and far-reaching the practice should be, and how best to balance it with rights to privacy, have become the focal point of many legal motions and arguments. ... [read more]

Wednesday, February 12, 2020 @ 1:37 PM

The inevitable collision between AI and law of arbitration AI_arbitration_sm

The use of artificial intelligence (AI) to resolve disputes is a market disrupter. The legal profession has yet to feel the effects of AI nor is it prepared to deal with it. As it relates to the law of arbitration, there is an inevitable and imminent collision coming that will bring uncertainty to arbitration itself. ... [read more]

Wednesday, February 12, 2020 @ 1:06 PM

Carte blanche for Crown prosecutors in ‘complex cases’? complexpuzzle

The Ontario Court of Appeal has issued a decision regarding the “particularly complex case” exemption that will likely make it more difficult for defendants in complex criminal and regulatory prosecutions to assert their Charter right to be tried within a reasonable time. ... [read more]

Wednesday, February 12, 2020 @ 12:53 PM

Payday for wealthy support payors: Is the pendulum swinging? Dollar signs Newton's cradle

Being rich has its rewards. However, as many wealthy payors of spousal support will attest, a large income is of no assistance in acrimonious matrimonial proceedings. Aside from the division of assets, the wealthy payor of support also has to divide his/her income by way of child and spousal support. In some cases this can leave him/her with less than 50 per cent of their net income. ... [read more]

Wednesday, February 12, 2020 @ 10:28 AM

PROCEEDINGS IN CONTRACT - Evidence - Appeals and judicial review - Of final orders

Appeal by the Government of Saskatchewan and Ladham from the $5 million damages judgment against them, awarded by a jury, for breach of contract and inducing breach of contract. ... [read more]

Tuesday, February 11, 2020 @ 1:44 PM

New report explores vexing issue faced by self-represented litigants Julie_Macfarlane

Vexatiousness is a worrisome problem for self-represented litigants (SRLs), according to a new report from the National Self-Represented Litigants Project, established to explore the needs and challenges of SRLs in Canada. “Vexatiousness is used to get rid of self-represented litigants. Sometimes it’s conscious,” said Dr. Julie Macfarlane, a law professor at the University of Windsor and co-author of the report.  ... [read more]

Tuesday, February 11, 2020 @ 12:38 PM

Hot-tubbing and pretrial meetings between damages experts People meeting at table

Although the case was dismissed and no damages were awarded, Justice Darla A. Wilson concluded that the quantum of the financial dependency claim should have been resolved before trial, leaving only the liability and causation issues to be determined at trial. ... [read more]

Tuesday, February 11, 2020 @ 12:16 PM

B.C. no-fault insurance plan will reduce victims’ rights, harm vulnerable people: lawyers CBABC president Ken Armstrong

The government of British Columbia has announced plans to transition to a no-fault automobile insurance system to deal with ballooning costs at the provincially owned Insurance Corporation of British Columbia (ICBC), a move that has raised the ire of many in the provincial legal community. ... [read more]

Tuesday, February 11, 2020 @ 9:14 AM

B.C. taxi drivers lose Uber, Lyft injunction case, but fight likely to continue: lawyer

A coalition of taxi drivers in the Vancouver area has lost a battle to get the B.C. Supreme Court to grant an order preventing ride-hailing services Uber and Lyft from operating in the province, but the drivers’ lawyer is saying they will likely carry on in their attempt to get a judicial review of a provincial body’s decision to greenlight the companies. ... [read more]