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Civil Litigation

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Tuesday, February 05, 2019 @ 9:26 AM

Federal Court approves settlement in ‘novel’ employment insurance class action Stephen Moreau, Cavalluzzo LLP

A Federal Court justice has approved a class action settlement in a case brought on behalf of people who were denied employment insurance (EI) sickness benefits because they were on parental leave at the same time as their illness. ... [read more]

Tuesday, February 05, 2019 @ 8:33 AM

CIVIL PROCEDURE - Electronic discovery and production - Cost allocation

Motion by the plaintiff HL Medjuck for an order appointing a referee to determine the privileged status of the contents of hard drives in the defendants' possession. ... [read more]

Monday, February 04, 2019 @ 9:11 AM

Oppression Remedy: A structured approach to determining level of harm unfair_fight_sm

As I explained in part one of this series, the oppression remedy is easy to claim but the breadth of the language and the fact-based nature of the remedy present challenges. As a result, maintaining a clear set of rules applicable to the oppression remedy and predicting the outcome of an oppression case can be difficult. ... [read more]

Friday, February 01, 2019 @ 11:53 AM

New associate for Wray Legal

Wray Legal LLP announced that Samantha Hamilton has joined the Toronto civil litigation and employment law boutique as an associate. ... [read more]

Friday, February 01, 2019 @ 11:18 AM

Summary judgment motions in MVA cases are viable options carswervinginsnow_sm.jpg

In the recent decision of Pavlovic v. Vankar 2019 ONSC 61, the Ontario Superior Court of Justice granted a summary judgment motion and dismissed a lawsuit against an injured plaintiff and a cross claim by the co-defendant. In doing so, the court signalled that summary judgment motions in motor vehicle accident (MVA) cases, in certain contexts, are viable options worthy of consideration. The motion was granted despite there being conflicting evidence on a key liability issue. ... [read more]

Friday, February 01, 2019 @ 8:34 AM

Tenancy in common offers oil and gas joint ventures little protection oilandgas_business_sm

Oil and gas contracts in the joint venture context often provide that parties own assets as “tenants in common” (see for example the Canadian Association of Petroleum Landmen Operating Agreements). In addition, the default position under the Law of Property Act, RSA 2000, c L-7 is that co-owners of property hold their interests as tenants in common (s. 8), unless the parties vary the relationship by contract. ... [read more]

Thursday, January 31, 2019 @ 5:18 PM

SCC rules bankrupt oil firm’s assets must meet provincial cleanup obligations ahead of paying secured creditors  Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 5-2 that the trustee of a bankrupt Alberta oil and gas company must first use the money in the bankrupt’s estate to satisfy provincial requirements to remediate the company’s disowned non-producing oil and gas assets, ahead of making payments to the company’s creditors in line with the federal Bankruptcy and Insolvency Act (BIA). ... [read more]

Thursday, January 31, 2019 @ 2:03 PM

Time to expand analysis of the merits in all class actions classaction_arrow_sm

Class actions are complicated and expensive. They carry significant risk. As a result, the vast majority of class actions settle prior to trial, and a substantial proportion settle relatively soon after a successful certification motion. Because parties are generally unwilling to fight a matter through trial, the certification motion becomes the inevitable battleground for disputes. ... [read more]

Thursday, January 31, 2019 @ 12:40 PM

Successful Milne decision appeal a comfort to estate law practitioners wills_looking_sm

The Divisional Court released its decision on the Milne appeal on Jan. 24, 2019, (Milne Estate (Re) 2019 ONSC 579). The court asserted that the premise upon which the application judge’s decision was based — namely that “a will is a form of trust” — is not correct as a matter of law. The court observed that a will may contain a trust, but that this is not a requirement for a valid will. Instead, a will is simply an instrument which, subject to certain formalities of execution, provides for the disposition of a person’s property on death. ... [read more]

Thursday, January 31, 2019 @ 8:51 AM

CIVIL PROCEDURE - Pleadings - Striking out pleadings or allegations

Appeal by Chatha from the summary dismissal of his negligence claim against the respondent lawyer without leave to amend. ... [read more]