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Civil Litigation

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Tuesday, August 13, 2019 @ 10:35 AM

Miller Thomson adds litigation partner to Toronto office

Miller Thomson LLP announced that John Philpott has joined the firm as a partner in its Toronto office, working in commercial litigation and construction litigation. ... [read more]

Tuesday, August 13, 2019 @ 6:42 AM

CIVIL PROCEDURE - Parties - Vexatious litigants

Application by the Attorney General for a declaration that the respondent was a vexatious litigant and an order discontinuing his litigation in the Court. ... [read more]

Monday, August 12, 2019 @ 11:05 AM - Last Updated: Monday, August 12, 2019 @ 12:09 PM

G7 leaders urged to protect lawyers from harm, ensure AI doesn’t oust human decision making Raymond Adlington

Next week bar association presidents from Canada and the other G7 nations will jointly urge their countries’ political leaders to legally protect lawyers and the confidentiality of the lawyer-client relationship, as well as to ensure that the emerging use of artificial intelligence (AI) and algorithms in legal decision making doesn’t harm human dignity, fundamental rights and access to justice. ... [read more]

Monday, August 12, 2019 @ 10:44 AM

TRESPASS - To person - Assault - Battery - Defences

Action for damages suffered as a result of the defendants, the plaintiff’s parents and sister, influencing or coercing her to have a therapeutic abortion in 1992 when she was 17. ... [read more]

Monday, August 12, 2019 @ 10:40 AM

CIVIL PROCEDURE - Class or representative actions - Certification

Application by the plaintiff for certification of the action as a class action. ... [read more]

Monday, August 12, 2019 @ 8:52 AM

Don’t ignore these two misunderstood arbitration concepts jigsaw_pieces_sm

The concepts ex aequo et bono and amiable compositeur, which are found in the International Commercial Arbitration Act of all Canadian jurisdictions, are rarely included in Canadian arbitration agreements, due largely to a lack of understanding by lawyers on their legal significance. ... [read more]

Friday, August 09, 2019 @ 2:28 PM

Champerty in third-party litigation funding darkfacebehinddollars.jpg

The standard rule in Canadian civil litigation is that the loser pays a portion of the legal costs of the winning side. Such a rule does not make sense for class actions, including employee class actions. There is a single plaintiff in court who represents a large class of persons — the representative plaintiff. No sane representative plaintiff who might stand to gain $100 from the success of a class action is going to expose himself to the risk of an adverse cost award that could be over $1 million. ... [read more]

Friday, August 09, 2019 @ 11:46 AM

Vancouver firm opens Toronto office

Vancouver law firm Alexander Holburn Beaudin + Lang LLP announced its expansion to Toronto and the opening of its new office on Aug. 10 in the TD Canada Trust Tower of Brookfield Place on Bay Street. ... [read more]

Friday, August 09, 2019 @ 11:35 AM

Curtailing CRA audit power creates dilemma for taxpayers Woman standing before arrows

The recent Federal Court of Appeal decision in Canada v. Cameco Corporation, 2019 FCA 67 and the Canada Revenue Agency’s response to that decision have raised the stakes for taxpayers in developing a strategy to deal with a CRA audit. These developments leave taxpayers with a difficult choice: either submit to oral examination or risk being assessed based on incorrect assumptions. ... [read more]

Friday, August 09, 2019 @ 8:41 AM

Quebec, law society reach out-of-court settlement over English text versions of laws

A lawsuit by the Quebec and Montreal bars to compel the provincial government to implement measures to ensure the legal equivalence of the French and English-language versions of Quebec statutes was quietly settled out of court. The deal, years in the making, was settled after the government and the National Assembly took “concrete” steps to address long-standing problems with the English text of Quebec statutes, according to the law society. ... [read more]