Focus On

Civil Litigation

Latest

Friday, November 29, 2019 @ 9:04 AM

Environmental group challenging Alberta inquiry says it is being brought for ‘improper purpose’ Devon Page

An environmental law group is taking the Alberta government to court over a controversial inquiry established to look at supposed foreign influence in campaigns against its oil and gas sector, saying it is being done for political reasons aimed at harming the reputation of those who may be opposed to energy development in the province. ... [read more]

Friday, November 29, 2019 @ 8:06 AM

PROCEEDINGS - Jurisdiction of courts

Appeal by the employer from the dismissal of its application for a single forum anti-suit injunction to restrain Arlint and the Alberta Workers’ Compensation Board from continuing an action in BC. ... [read more]

Thursday, November 28, 2019 @ 5:23 PM

‘Watershed’ SCC judgment rules provincial law governs maritime contractual dispute over liability Daniele Dion

In what counsel are calling a “watershed” maritime law ruling, the Supreme Court of Canada has ruled 9-0 that Quebec contract law, not federal maritime law, applies to a contract formed in Quebec for the purchase of ship engine parts that were discovered much later to be defective. ... [read more]

Thursday, November 28, 2019 @ 2:08 PM

DIVISION OF POWERS - Navigation and shipping - Property and civil rights - Determination of jurisdiction

Appeal from a judgment of the Quebec Court of Appeal holding the defendants Wärtsilä Nederland B.V. and its Canadian division, Wärtsilä Canada Inc. (“Wartsila”) liable for latent defects in ship engine parts sold to the plaintiff Transport Desgagnés Inc. (“TDI”), but limiting its liability to €50,000 pursuant to a limitation of liability clause in the contract. ... [read more]

Thursday, November 28, 2019 @ 1:56 PM

Capacity for powers of attorney: A legal test brain_gears_sm

Last month we looked at the capacity for a will. Now we will look at the capacity for powers of attorney, mainly the power of attorney for property and power of attorney for personal care. ... [read more]

Thursday, November 28, 2019 @ 10:42 AM

Federal Court approves $26 million-plus legal tab for groundbreaking class action against military Justice_Simon_Fothergill

The Federal Court has approved payment of almost $27 million, plus disbursements, to the consortium of five law firms who achieved a pioneering national settlement with Ottawa of up to $900 million to help compensate Canadian Armed Forces (CAF) and Department of National Defence (DND) personnel subjected to on-the-job sexual misconduct. ... [read more]

Thursday, November 28, 2019 @ 8:51 AM

Two sides of same coin: Derivative action and oppression remedy looney_sides_sm

One of the most fundamental principles of Canadian corporate law is that a corporation has a legal personality distinct from its shareholders. At common law, shareholders were precluded from bringing their own action in respect of a wrong done to the corporation. Even majority or controlling shareholders had no personal cause of action for a wrong done to the corporation (Foss v. Harbottle (1843), 67 E.R. 189, 2 Hare 461 (Eng. V.C.)). ... [read more]

Thursday, November 28, 2019 @ 6:27 AM

CONFLICTS BY LEGAL AREA - Divorce, including recognition of foreign divorce

Appeal by the husband from summary judgment declaring the parties’ Russian divorce invalid. ... [read more]

Wednesday, November 27, 2019 @ 2:33 PM

Resolving debate on transactional common interest privilege gears_transaction_sm

An emissary of Bay Street, Maureen Littlejohn, has come forward in response to my article of Oct. 31, 2019 to champion transactional common interest privilege. This was at issue in the Federal Courts’ decisions in Iggillis Holdings Inc. v. Canada (National Revenue) 2016 FC 1352 and Iggillis Holdings Inc. v. Canada (National Revenue) 2018 FCA 51. ... [read more]

Wednesday, November 27, 2019 @ 9:57 AM

OBA Award of Excellence winner Pratte stresses importance of mentorship, pro bono Guy Pratte at OBA awards sm

Guy Pratte, a partner at Borden Ladner Gervais LLP (BLG), felt “complete shock and surprise” at having been awarded the Ontario Bar Association’s (OBA) Award of Excellence in Civil Litigation. The well-respected litigator said he was “quite humbled” when he looked at the list of previous recipients, and that receiving such an accolade was “generous and heartwarming.” ... [read more]