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Civil Litigation

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Friday, December 07, 2018 @ 5:02 PM - Last Updated: Tuesday, December 11, 2018 @ 3:00 PM

SCC rules shareholders can’t sue for third-party harms to corporation absent ‘distinct’ obligation, ‘direct’ injury Caroline Biron

The Supreme Court has ended a $55 million damages suit for loss of shareholder value brought by the trustees of a Quebec trust against the lawyers and accountants they allege gave faulty tax advice that bankrupted the companies whose shares the trust owns. ... [read more]

Friday, December 07, 2018 @ 1:38 PM

CORPORATIONS - Shareholders - Rights and powers - Juridical personality - Evidence and procedure - Standing

Appeal by Brunette and another trustee of Fiducie Maynard (Fiducie) from a judgment of the Court of Appeal of Quebec affirming a decision that dismissed Fiducie’s action on the basis that it did not have a sufficient interest to claim damages for the total loss of value of its patrimony. ... [read more]

Friday, December 07, 2018 @ 9:30 AM

Why courts don’t like to interfere with restrictive covenants

A restrictive covenant may prohibit the uses to which land may be put or may prohibit any building on land. When properly drafted, the covenant will bind the owner and the owner’s successor in title. ... [read more]

Friday, December 07, 2018 @ 8:42 AM

BROADCASTING - Political broadcasts during elections - Complaints procedure

Application by the mayoral candidate for a declaration under Rule 14.05(3)(d) or s. 24(1) of the Charter that the respondent broadcaster was required to allocate time to her partisan political ads, and a mandatory order to that effect. ... [read more]

Friday, December 07, 2018 @ 8:40 AM

CIVIL PROCEDURE - Class or representative actions - Certification

Appeal by Wenham from a decision dismissing his motion to certify an application for judicial review as a class proceeding. ... [read more]

Thursday, December 06, 2018 @ 10:52 AM

UK Employer has no legal obligation to defend reputational interest of employee

Employers may be vicariously liable for the acts of employees. Both may be named in a civil action and the employer may be called upon to assume responsibility in defending the claim on behalf of both the employer and the employee. The interests of the employer, however, may not always align with those of the employee. The employer has unique corporate interests to protect, while the employee may have his or her own reputational interests that have no bearing on the employer.   ... [read more]

Thursday, December 06, 2018 @ 8:34 AM

CROWN - Appeals and judicial review

Application by Democracy Watch for judicial review of two compliance orders issued by the Conflict of Interest and Ethics Commissioner. ... [read more]

Thursday, December 06, 2018 @ 8:20 AM

Ontario court limits taxi drivers’ duties to intoxicated passengers seatbeltguys_sm.jpg

The Ontario Superior Court of Justice in Stewart v. Douro-Dummer (Township) 2018 ONSC 4009 recently dismissed an attempt to expand recognized duties of care owed to intoxicated individuals; in this case, duties owed by taxi drivers to their visibly intoxicated customers. In so doing, the court’s decision is aligned with existing statutory limits on duties owed to adult automobile passengers and with the approach taken to the same issue in other common law jurisdictions. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Wednesday, December 05, 2018 @ 10:50 AM

Forum highlights perspectives of women in litigation Monique Jilesen sm

In a digital world where documents can be kept anywhere and managing business relations is key, the perspectives of litigators and in-house counsel can provide guidance in how to successfully manage complex litigation. These topics, as well as the use of internal and external experts, were discussed by a panel of in-house and external counsel at the Women in Litigation Toronto Forum, hosted by Benchmark Litigation. ... [read more]