Focus On

Civil Litigation


Thursday, June 10, 2021 @ 2:02 PM

Raising new issues on appeal Arrow missing target

After a lower court proceeding, lawyers may be tempted to devise new arguments on appeal in the hope of having an unfavourable decision overturned. However, the legal threshold for advancing novel positions on appeal in Ontario remains high. ... [read more]

Thursday, June 10, 2021 @ 1:39 PM

Why Supreme Court got it right in extending the wall | Barry Bussey

In free and democratic societies, membership in a religious community is premised on freedom: the freedom of the individual to apply and the freedom of the community to accept (or reject) the applicant. That also means the individual is free to leave membership at anytime, just as the community is free to expel a member who no longer abides by its beliefs and practices. In other words, there is no right to join a specific religious community, nor to remain. There is no legal obligation flowing either way. ... [read more]

Thursday, June 10, 2021 @ 12:18 PM

CCLA slams Ford’s use of notwithstanding clause in response to court judgment Michael Bryant, executive director of the CCLA

The Ontario legislature will be recalled on June 10 to address a recent decision from the Superior Court of Justice which ruled sections of the Election Finances Act (EFA) infringe s. 2(b) of the Charter and therefore are of no force and effect. Ontario government house leader, Paul Calandra, issued a statement on June 9 that said following the Superior Court’s decision “the government will be recalling the Legislature” to introduce “legislation to protect the individual rights of Ontario voters and protect our elections from American-style super PACs [Political Action Committees] and their big money political influence.” ... [read more]

Thursday, June 10, 2021 @ 11:20 AM

Lawyer-client relationships: A cautionary tale on undermining trial fairness Two businesspeople shaking hands

Given the complex and emotionally charged nature of family law disputes, it is critical that the representative lawyers avoid becoming too involved in their clients’ lives when litigating. In the case of Kasapoglu v. Kasapoglu 2020 BCSC 2087, master Stuart Cameron of the British Columbia Supreme Court heard an application alleging just that. ... [read more]

Thursday, June 10, 2021 @ 10:46 AM

Consistency in communications: Cross your heart and hope to fly Russian dancer

Businesses and service providers usually display statements about service excellence on their sites. Think of companies that sell sports gear, electronics, or barbecues, and of professionals like accountants, lawyers, and HR consultants. They all “offer consistent quality,” “stand behind their product,” “want to understand the client,” “tailor services to each customer’s needs,” and “act as a partner in the client’s success.” Typical values are consistency, accountability, honesty, integrity, and respect. So far so good. However, the reality may be quite different. ... [read more]

Thursday, June 10, 2021 @ 9:43 AM

Ottawa announces settlement in residential school day scholar class action

The federal government has reached an agreement to settle a class action brought on behalf of former Canadian residential school day scholars and their families. The proposed settlement in Gottfriedson v. Her Majesty the Queen in Right of Canada includes $10,000 for each eligible day scholar, who were students that attended a residential school during the day but did not board there at night. ... [read more]

Thursday, June 10, 2021 @ 5:47 AM

AIR TRANSPORTATION - Liability - Civil actions

Appeal by the Transportation Safety Board of Canada from an interlocutory decision authorizing conditional release of an Air Canada cockpit voice recording. ... [read more]

Wednesday, June 09, 2021 @ 2:15 PM

Why law firms should invest in their lawyers’ health | Rob De Toni

The time for change in the legal industry is now. No longer can law firms ask their lawyers to come to work, put their heads down and pump out huge billable hours just because that’s what the partners did and are still doing. ... [read more]

Wednesday, June 09, 2021 @ 2:02 PM

How franchisor system changes led to dismissal of injunction application, part one Knocking over tower of  blocks

This article analyzes the recent franchise decision of June 1, 2021, from the Ontario Superior Court of Justice in Ottawa in Greco Franchising Inc. v. Milito 2021 ONSC 3950, involving an interlocutory injunction application by a fitness studio franchisor, Greco Franchising, against an Ottawa-based franchisee, which the court ultimately dismissed in the franchisee’s favour. ... [read more]

Wednesday, June 09, 2021 @ 11:06 AM

Tips, guidance for navigating audits of Canada Emergency Wage Subsidy claims Hand giving money to businessmen during COVID-19

In spring 2021, the Canada Revenue Agency (CRA) commenced comprehensive audits to recover payments made to ineligible Canada Emergency Wage Subsidy (CEWS) recipients. In the second of this two-part series, we discuss practical tips to minimize the impact of a CEWS audit and the process for challenging a determination made by the CRA. ... [read more]