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Civil Litigation

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Wednesday, October 09, 2019 @ 6:16 AM

CORPORATIONS - Oppression remedy - Powers of the court

Appeal by the plaintiff Bitton Estate from findings regarding an option in Bitton’s favour and a share valuation date. ... [read more]

Tuesday, October 08, 2019 @ 3:06 PM

Court refuses to grant summary judgment in roof fall occupier case Stick figure falling

Summary judgment can be a helpful pretrial mechanism to dispose of an action. At times, however, especially where there are disputed facts at issue, this pre-trial motion may not necessarily prove helpful to achieve a dispositive outcome. ... [read more]

Tuesday, October 08, 2019 @ 11:45 AM

SCC’s fall session in Ottawa kicks off with cases on employment law, scope of criminal law power Howard Levitt

The Supreme Court of Canada resumes its busy fall session Oct. 8 with a far-reaching employment law appeal, followed by a unique case in which the Attorney General of Canada is attacking the constitutionality of a law duly authorized by Parliament. ... [read more]

Tuesday, October 08, 2019 @ 10:55 AM

Why legal aid matters in this federal election | Patricia Hebert

Take a look at the people in your neighbourhood, where you live or work — the people that you meet when you’re walking down the street, as the Sesame Street song says. Some, you can’t help but notice, are already in trouble — people asking for money, or sleeping on the street. But others who might look like they have it all under control could be one legal issue away from personal disaster. ... [read more]

Tuesday, October 08, 2019 @ 8:48 AM

ENVIRONMENTAL IMPACT - Pipelines - Remedies - Judicial review of administrative action

Motions by 12 sets of parties for leave to bring a judicial review application of the Governor in Council’s decision that approved the Trans Mountain Pipeline expansion project. ... [read more]

Tuesday, October 08, 2019 @ 8:46 AM

CLASS OR REPRESENTATIVE ACTIONS - Settlements - Approvals

Application by two non-parties, Home Depot and Wal-Mart, for a right of appeal from an order approving settlement of a class action. ... [read more]

Tuesday, October 08, 2019 @ 8:43 AM

DEFAMATION - What constitutes - Defences - Fair comment - Justification or truth

Appeal by the plaintiffs, the Northwest Organics companies, from dismissal of its defamation action against multiple defendants, and from the assessment of damages against one defendant. ... [read more]

Monday, October 07, 2019 @ 9:27 AM

BARRISTERS AND SOLICITORS - Breach of duty - Conduct unbecoming - What constitutes

Appeal by Kapoor from a finding by a hearing committee of the Law Society of conduct unbecoming a member. ... [read more]

Monday, October 07, 2019 @ 8:31 AM

Pleadings under attack in franchise disputes franchise_brochure_sm

The past couple of years have seen a fair amount of pleadings attacks in franchise disputes. These cases involved challenges by franchisors/defendants to statements of claims launched against them and related parties by franchisees/plaintiffs. ... [read more]

Friday, October 04, 2019 @ 4:49 PM - Last Updated: Monday, October 07, 2019 @ 9:51 AM

Police can’t arrest those who aren’t breaking law to prevent others’ violent actions: SCC Suzanne Côté

In a decision hailed as preserving Canadians’ civil liberties, the Supreme Court of Canada has unanimously restored a $140,000 damages award to a peaceful demonstrator who was unlawfully arrested and injured by the Ontario Provincial Police in 2009 during the occupation by Indigenous protesters of disputed Crown land in Caledonia, Ont. ... [read more]