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Civil Litigation

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Monday, January 20, 2020 @ 8:36 AM

Statutory damages in franchise disputes scales_money_sm

Statutory damages under provincial franchise legislation provide for rescission reimbursement, damages caused by misrepresentation or failure to comply with disclosure obligations, damages for breach of the duty of fair dealing and damages for breach of the right to associate. ... [read more]

Friday, January 17, 2020 @ 1:54 PM

Will carbon majors have to pay for climate damage? It’s quite possible Earth melting to water

When at risk of being forced to act by the courts, Canadian governments may choose to make the carbon majors pay instead of taxpayers. Governments have many ways to make the carbon majors pay for climate damage, including administrative orders under existing legislation. But is there a more direct route? ... [read more]

Friday, January 17, 2020 @ 12:32 PM

Quebec Justice Ministry’s ‘ambitious’ strategic plan spurs questions Jean-François Roberge

An ambitious strategic plan unveiled by the Quebec Ministry of Justice outlines measures the provincial government expects to implement over the course of the next three years to curb criminal and penal court delays, accelerate the deployment of technologies in the justice system, boost the use of alternative dispute resolution and improve access to justice. ... [read more]

Friday, January 17, 2020 @ 9:12 AM

Church constitution, bylaws establish contract with congregants, court rules Anthony Colangelo sm

The Ontario Court of Appeal has allowed the appeal of congregants who were expelled from their church after a dispute with the organization’s leadership. Counsel involved in the case said the decision helps clarify the Supreme Court of Canada’s ruling in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall 2018 SCC 26. ... [read more]

Friday, January 17, 2020 @ 8:41 AM

CIVIL PROCEDURE - Costs - Party and party or partial indemnity

Appeal and cross-appeal from trial judgment respecting interest and costs in a builders’ lien action. ... [read more]

Thursday, January 16, 2020 @ 9:52 AM

New partner for Howie, Sacks & Henry LLP

Howie, Sacks & Henry LLP announced that it has admitted Melissa Miller to the firm’s partnership. ... [read more]

Thursday, January 16, 2020 @ 8:29 AM

BARRISTERS AND SOLICITORS - Contingency agreements - Statutory provisions

Motion by the respondent client for an order declaring her contingency fee agreement with the applicant law firm was improperly terminated and she was not liable to pay any fees or disbursements. ... [read more]

Wednesday, January 15, 2020 @ 12:50 PM

Access and custody rights of extended family members Multigenerational family

In many cultures, parents, children, grandparents, aunts, uncles and even cousins often live together under one roof, playing an integral role in the upbringing of the children of the home. Upon a relationship breakdown, the close bonds these children develop with their extended family members are at genuine risk. ... [read more]

Wednesday, January 15, 2020 @ 10:45 AM

Why evolution of legal model desperately needed | Shama Rafiq

When it comes to access to justice, we often forget that the old law firm structures are a major deterrence to ensuring that anyone and everyone has a fair chance to having their day in court. ... [read more]

Wednesday, January 15, 2020 @ 10:29 AM

Costs or damages: Best remedy for meritless estate litigation shield_defense_sm

In McArthur v. McArthur and Harman 2019 ONSC 7232, a unanimous panel of the Divisional Court in Ontario held that the proper remedy for an estate trustee to seek to redress financial loss to an estate due to meritless litigation will in most cases be an award for costs, not a claim for damages. ... [read more]