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Civil Litigation


Tuesday, November 07, 2017 @ 3:25 AM

Gowling WLG adds Ottawa-based partner Houston

Civil litigator Robert (Bob) Houston is the newest partner at Gowling WLG’s Ottawa office. ... [read more]

Friday, November 03, 2017 @ 11:24 AM

SCC poised to hear landmark Groia case on lawyer ‘incivility’ Joseph Groia

An overflow crowd of lawyers is expected at the Supreme Court Nov. 6 to watch a much-anticipated lawyer “incivility” test case that could define the boundaries of barristers’ zealous legal representation and of law societies’ powers to regulate courtroom advocacy. ... [read more]

Friday, November 03, 2017 @ 10:22 AM

Courts have laid strong foundation against recovering ATE insurance premiums Money

During settlement negotiations or at the end of trial, a successful plaintiff will expect to recover from the defendant some or all of the costs incurred in pursuing a claim. As defence counsel, it is necessary to consider whether all costs claimed by the plaintiff are truly recoverable disbursements. ... [read more]

Friday, November 03, 2017 @ 8:32 AM

DECEPTIVE MARKETING - Legislation - Business Practices and Consumer Protection Act

Appeal by the defendant, Coast Capital Savings Credit Union, from certification of a class proceeding brought by the plaintiff, Finkel. ... [read more]

Thursday, November 02, 2017 @ 1:19 PM

Litigation financing firm opens Canadian offices

A London, U.K.-based broker that arranges litigation finance as well as litigation risk-sharing insurance is now working out of Toronto and Vancouver. ... [read more]

Wednesday, November 01, 2017 @ 2:05 PM

MPs’ recommendations for legal aid give hope to stakeholders fighting for reform Doug Ferguson sm

The Commons Justice Committee report containing 10 recommendations to change the legal aid system in Canada is being called a “good first step” by legal clinic stakeholders who have been earnest in their calls for improvement of a system in peril. ... [read more]

Wednesday, November 01, 2017 @ 9:02 AM

Time for new tools to manage interprovincial commercial litigation wallmart_crossborder_sm

In Fernandes v. Wal-Mart Canada Corp. 2017 MBCA 96, the Manitoba Court of Appeal confronted a difficult decision. It had to choose between two options, neither of which was ideal. A third option, contained in a model statute, was not available because it has not been enacted in Manitoba. Yet arguably that option would have provided a more just result. Not only Manitoba but other provinces should consider whether that option should be made part of its law. ... [read more]

Tuesday, October 31, 2017 @ 6:31 PM

Judiciary says feds’ plan to disclose expenses of named judges is ‘constitutionally defective’ Pierre Bienvenu

The Canadian judiciary is pushing back hard against Bill C-58, warning MPs that the Trudeau government’s proposal to publicly disclose the travel and other expenses of named federal judges is “grossly unfair and unacceptable” and violates judicial independence. ... [read more]

Monday, October 30, 2017 @ 5:29 PM

MPs urge Ottawa to create civil legal aid fund Anthony Housefather

The Commons Justice Committee has recommended that Ottawa revamp the current amorphous block funding the federal government gives the provinces and territories for legal aid by creating a separate earmarked civil legal aid fund for provinces that is administered under the Department of Justice (DOJ) Canada Legal Aid Program. ... [read more]

Friday, October 27, 2017 @ 2:17 PM - Last Updated: Friday, October 27, 2017 @ 5:09 PM

SCC refuses 5-4 to expand banks’ defence to conversion claims Abella

In a 5-4 split, the Supreme Court of Canada has declined to reconfigure its long-standing approach to the statutory defence to the tort of conversion to make it easier for financial institutions to avoid liability when they inadvertently cash fraudulent cheques. ... [read more]