Focus On

Civil Litigation


Friday, October 16, 2020 @ 12:32 PM

Juries: Trick or treat? | Marcel Strigberger

Juries first scared me at the age of 9. How? I grew up in Montreal, the son of immigrants from Belgium. One day my late father, a humble tailor, received a letter with an impressive-looking logo of the scales of justice. My dad, whose literary skills did not approximate his ability to alter a fine pair of trousers, asked me to read and translate it. I noticed the word “jury,” whatever that meant. I suspected it had nothing to do with hockey. ... [read more]

Friday, October 16, 2020 @ 11:29 AM

Annulment of marriage in Canada: A tale of two couples Hand removing ring

An antiquated legal construct outlining the grounds for the annulment of marriage in Canada still applies in the 21st century, though the rationale for seeking one has changed dramatically. ... [read more]

Friday, October 16, 2020 @ 9:47 AM

Legal aid agreement reached with Quebec government Mylene_Lemieux

After three years of negotiations, the Quebec government and the provincial bar association reached an agreement to raise legal fees and to establish an independent working group that will conduct an exhaustive review of the tariff structure. The agreement, widely perceived to be a “step in the right direction” by the Quebec legal community, calls for a five per cent retroactive increase in legal aid fees for the period of October 2017 to May 2019, and a 14.7 per cent increase in fees from June 2019 to September 2022. ... [read more]

Friday, October 16, 2020 @ 8:55 AM

The Sherman estate case reaches the Supreme Court: Part two sealed_document_sm

On Oct. 6, 2020, the case of Donovan v. Sherman Estate 2019 ONCA 376 reached the Supreme Court of Canada where arguments were heard on whether or not to unseal the probate applications. In this, the second article in a two-part series, I will continue the discussion of select cases dealing with sealing orders in estates and trusts context. ... [read more]

Friday, October 16, 2020 @ 7:28 AM

CIVIL EVIDENCE - Letters rogatory or letters of request

Appeal by Smith from an order that gave effect to two Letters of Request from a Florida Court. ... [read more]

Thursday, October 15, 2020 @ 3:01 PM

Is an employer responsible if an employee contracts COVID-19? Biohazard symbol

The second wave of COVID-19 infections threatens to undermine the significant progress we have made in establishing a balance that takes account of the need to jump-start the economy and the legitimate safety concerns of workers returning to their jobs. The government and regulatory bodies in Ontario and Canada have established protocols and standards aimed at reducing the risk of spreading the virus.  ... [read more]

Thursday, October 15, 2020 @ 12:33 PM

Legal distinction between beliefs, obligations: A humanist response | Wes McMillan

In his Aug. 28 piece “The chimp, the bee, the SCC” Barry Bussey argues that “over the last decade, the Supreme Court of Canada has largely disregarded the communal aspect of religion, leading to decisions that severely curtail the freedom of religious communities to operate in accordance with their beliefs.” ... [read more]

Thursday, October 15, 2020 @ 8:35 AM

The Sherman estate case reaches Supreme Court: Part one sealed_document_sm

The circumstances surrounding the tragic deaths of Barry and Honey Sherman remain a mystery; so too, do the heirs to their fortunes. This is because the Sherman estate trustees successfully applied to have their probate applications sealed, thus preventing the public from viewing their wills. In 2018, a reporter for the Toronto Star, Kevin Donovan, challenged the validity of the sealing order.   ... [read more]

Thursday, October 15, 2020 @ 7:42 AM

INTERPRETATION - Extrinsic evidence and parol evidence rule - As to validity

Appeal by the deceased’s daughter from the trial judgment finding that the first of two promissory notes providing that a loan made by the mother to the appellant was repayable on her death reflected the mother’s true intention. ... [read more]

Wednesday, October 14, 2020 @ 11:28 AM

Supreme Court on jurisdiction for retroactive child support in Graydon: Further analysis Pocket watch on money

In part one, we discussed the history of Michel v. Graydon 2020 SCC 24 (Graydon), in which the Supreme Court of Canada determined that litigants are not barred from bringing an application for retroactive child support, even where the “child” in question is over the age of majority and/or financially independent. Part two continues this discussion by looking at s. 152 of B.C.’s Family Law Act (FLA) and s. 17 of the Divorce Act. ... [read more]