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Civil Litigation

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Friday, June 14, 2019 @ 11:10 AM

Independent paralegals signal major invasions of lawyers’ markets | Ken Chasse

Some of Canada’s law societies are creating new types of paralegal workers, being persons of lesser qualifications, licensed to provide certain types of legal services. The Law Society of Ontario (LSO) is in the process of creating family law specialist paralegals, and the Law Society of British Columbia has a Licensed Paralegal Working Group considering what services, and training, would non-lawyers need to be able to provide legal services in family law matters. ... [read more]

Friday, June 14, 2019 @ 9:31 AM

When a family trust is really a sham crossed_fingers_sm

Your client is the settlor of a family trust, one she claims was intended to be a gift to her children upon the last of the three children attaining the age of 30 years. The parties have separated. The wife maintains that the trust’s assets are neither hers’ nor her husband’s, but belong to the children who are the beneficiaries, and therefore do not form part of the net family property. The husband, who is the children’s father, counters that the trust is a sham that his wife uses to support the family’s lavish lifestyle whilst shielding the assets from forming part of the net family property. As a result, he argues, the trust should be considered so as to increase the equalization payment to him by approximately $10 million. ... [read more]

Friday, June 14, 2019 @ 6:37 AM

PROCEEDINGS - Application to court for directions

Appeal by the Attorney General from a declaration stating that the Receiver’s disclaimer of the debtor’s interest in certain properties was without prejudice to a lawsuit in which the debtor claimed the Government of Canada had constructively expropriated those same properties. ... [read more]

Thursday, June 13, 2019 @ 11:47 AM

From Estonian AI judges to robot mediators in Canada, U.K. Robot&manhandshake_sm.jpg

Having previously written about Estonia’s pilot AI judge, it comes as no surprise that I am here to report that a “robot mediator” has settled a court case for the first time, demonstrating a further shift towards the embrace of legal technology and tools to efficiently and effectively litigate. ... [read more]

Thursday, June 13, 2019 @ 9:48 AM

Knowledge gaps regarding spyware used for abuse need to be addressed, researcher says Cynthia Khoo sm

Applications used to track or monitor mobile devices such as cellphones are being repurposed to perpetrate intimate partner violence, noted a pair of reports released by The Citizen Lab on June 12. ... [read more]

Thursday, June 13, 2019 @ 9:09 AM

Does arbitration trump A2J? Answer coming from SCC food_delivery_sm

On May 23, 2019, the Supreme Court of Canada granted leave to appeal from the landmark decision of the Ontario Court of Appeal in Heller v. Uber Technologies Inc. 2019 ONCA 1. In that case, the Court of Appeal allowed a class action to proceed and refused to give effect to an arbitration clause that would have forced UberEats drivers in Ontario to arbitrate their claims, in the Netherlands, under Dutch law. ... [read more]

Thursday, June 13, 2019 @ 6:38 AM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Freedoms of conscience and religion

Appeal by the physicians from a decision dismissing their application challenging the constitutionality of two policies enacted by the College of Physicians and Surgeons that required physicians who objected to providing certain medical procedures or pharmaceuticals on the basis of religion or conscience to provide the patient with an effective referral to a non-objecting, available, and accessible physician. ... [read more]

Monday, June 10, 2019 @ 1:01 PM

Alberta Court of Appeal decision on liability has national implications, lawyer says Trevor McDonald, Burnet, Duckworth and Palmer LLP

The Alberta Court of Appeal has ruled the City of Calgary was partially liable for an attack on a pedestrian who was walking on an overpass near one of its light rail stations, a decision a number of observers say may have ramifications beyond the municipality’s borders. The case in McAllister v. Calgary (City) 2019 ABCA 214 concerns an assault on Kyle McAllister in the early morning hours of New Year’s Day 2007. ... [read more]

Monday, June 10, 2019 @ 11:30 AM

Legal professionals should not be dealing with age discrimination in 2019 Age Discrimination

In the legal profession, ageism usually exists in subtle ways because legal professionals tend to normalize and accept age discrimination. ... [read more]

Monday, June 10, 2019 @ 9:11 AM

The uncertainty behind Ontario’s limitation period time_running_out_sm

The two-year limitations period under Ontario law has always contained a certain degree of variability because the two years is measured on the basis of discoverability. But a recent trend of case law from the Ontario Court of Appeal has infused uncertainty into the two-year claims bar, calling into question when two years really means two years. ... [read more]