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Civil Litigation

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Thursday, November 16, 2017 @ 8:36 AM

How one B.C. employer dealt with a self-represented litigant

In a recent B.C. Supreme Court case, Hall v. Trueblue (c.o.b. Labour Ready) 2017 BCSC 2004, a self-represented litigant named Tammy Kay Hall filed a brief notice of civil claim against her former employer alleging she had been “wrongfully terminated due to disability and no notice provided.” ... [read more]

Wednesday, November 15, 2017 @ 8:20 AM

CIVIL PROCEDURE - Costs - Security for costs - Where plaintiff resident out of jurisdiction - Appeal costs

Motion by the appellants to vary a security for costs order. ... [read more]

Tuesday, November 14, 2017 @ 3:16 PM

New partner at Pallett Valo

Sudevi Mukherjee-Gothi has joined Mississauga, Ont.-based business law firm Pallett Valo LLP as a partner and leader of its insurance defence law practice. ... [read more]

Tuesday, November 14, 2017 @ 12:20 PM

MacDonald appointed to Newfoundland and Labrador bench

Alexander (Sandy) MacDonald, a partner with Cox & Palmer has been named as a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador in St. John’s. ... [read more]

Tuesday, November 14, 2017 @ 8:19 AM

New hearing ordered in medical negligence case due to ‘procedural unfairness’ Ron Bohm sm

The Ontario Court of Appeal has ordered a new hearing for an action against a Toronto pain management clinic as it ruled the motion judge deprived the defendant doctor of procedural fairness. ... [read more]

Tuesday, November 14, 2017 @ 7:59 AM

TREATIES AND AGREEMENTS - Practice and procedure - Settlements

Appeal by the plaintiff, the Sturgeon Lake Indian Band from a case management order striking and summarily dismissing substantial portions of its action against the defendants, Canada and Alberta. ... [read more]

Friday, November 10, 2017 @ 4:00 PM

SCC affirms non-lawyers can represent Quebec government before social aid tribunal Russell-BROWN

The Supreme Court has rejected the Barreau du Québec’s bid to bar non-lawyers from drafting motions, proceedings or other legal documents for use by Quebec’s Ministry of Employment and Social Solidarity in social benefit cases at the Administrative Tribunal of Quebec (ATQ). ... [read more]

Friday, November 10, 2017 @ 1:19 PM

LAWYERS - Reserved area of practice

Appeal by the Barreau du Québec from a judgment of the Quebec Court of Appeal setting aside a decision granting motions for judicial review of decisions of the Administrative Tribunal of Québec (ATQ). ... [read more]

Friday, November 10, 2017 @ 11:07 AM

Judge’s misapprehension over photo results in retrial in B.C. civil action CA

A lawyer for a woman who said she was not properly served in a case involving a derelict property said process servers need to be more diligent after a recent decision by the British Columbia Court of Appeal. ... [read more]

Friday, November 10, 2017 @ 9:43 AM

Quebec court treads carefully when considering disqualifying a law firm

A multidisciplinary law firm in Quebec was disqualified from a case due to the likelihood that one of its non-lawyer members, a notary, would be called upon to testify at the trial. The judge’s reasons in Coiffure Mégantic inc. v. Atelier Coiffure provide a thorough review of the complex rules applicable to motions to disqualify lawyers. ... [read more]