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Wednesday, February 14, 2018 @ 10:31 AM

Appeal Court decision aligns Quebec securities rules with other provinces Éric Préfontaine

The Quebec Court of Appeal eliminated a tactical advantage that could have emerged by launching national class actions in secondary market misrepresentation cases in the province after it held that Quebec securities rules were designed to be harmonized with securities legislation across the country as a matter of substantive law. ... [read more]

Wednesday, February 14, 2018 @ 8:44 AM

Expert evidence update: Decisions affecting production of working file expert_document_sm

Among civil litigators, 2015 was the “year of the expert,” with multiple decisions from the appellate courts on various issues related to expert evidence. Over the last two years, lower courts have been applying the principles articulated in 2015 so that we can now look back on how the seminal decisions have affected litigation practices. ... [read more]

Tuesday, February 13, 2018 @ 11:49 AM

Class action against Deloitte highlights need for positions to be examined and classified Samuel Marr sm

Over 400 lawyers are bringing a class action against Deloitte for compensation of unpaid overtime, vacation and statutory holidays in a claim that alleges they were misclassified as independent contractors instead of as employees. ... [read more]

Tuesday, February 13, 2018 @ 9:08 AM

How a certified class action affects post-Uber regulatory environment montreal_taxi_sm

When disruptive technology companies such as Uber entered the Canadian marketplace, municipalities bore the brunt of their regulatory disruption. Traditional industries, such as the taxi industry, looked to municipal governments to regulate these new companies in the traditional way — an approach that municipalities did not often take. ... [read more]

Tuesday, February 13, 2018 @ 8:50 AM

BODIES UNDER REVIEW - Boards, tribunals and commissions - Discovery and disclosure - Production and inspection of documents

Appeal by the Vancouver Airport Authority from a Competition Tribunal order. ... [read more]

Monday, February 12, 2018 @ 2:59 PM

New litigation firm forms in Toronto

Litigators Hugh DesBrisay, Kathryn Manning and Ryder Gilliland have opened a new commercial litigation boutique. ... [read more]

Monday, February 12, 2018 @ 12:18 PM

Terms of contract usurp good faith duty, Quebec Appeal Court holds Yves Robillard

Former employees of an asset management firm who claimed that they were unfairly bought out just before the company was sold lost a legal battle after the Quebec Court of Appeal held that the duty to act in good faith does not mean that a party to a contract must impoverish itself to enrich the other. ... [read more]

Monday, February 12, 2018 @ 9:20 AM

Reports cite heavy toll of legal problems on Canadian society Trevor Farrow sm

The price paid for legal problems is not just made up of dollars and cents, but with impacts on health, loss of employment and an increased reliance on social assistance, reports the Canadian Forum on Civil Justice (CFCJ). ... [read more]

Monday, February 12, 2018 @ 8:37 AM

Seeing is believing: Litigation in the age of surveillance | Patrick Brown

With the advent of new technology from dashboard cameras to iPhones, it has become easier to capture a collision unfolding right before our eyes. Gone are the days where we only get carefully crafted statements that are slanted at times to the view of the adjuster, investigator or police officer who is taking them. Things are not always as they seem. But remember, tapes are erased quickly and timely preservation is key. ... [read more]

Monday, February 12, 2018 @ 8:36 AM

CIVIL PROCEDURE - Disposition without trial - Dismissal of action - Frivolous, vexatious or abuse of process

Appeal by Sangha from a Court of Queen’s Bench appeal judge’s order that the appellant’s claim be struck and a costs order of $500 each to Calgary and Alberta. ... [read more]