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Civil Litigation

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Monday, June 03, 2019 @ 8:46 AM

Habeas corpus and immigration detention: Review of the law immigration_jail_sm

This is the fourth and final article on the Supreme Court of Canada judgment in Canada (Public Safety and Emergency Preparedness) v. Chhina, 2019 SCC 29, rendered on May 10, 2019. Having identified the basis for Chhina’s application for habeas corpus, Justice Andromache Karakatsanis went on to review the Immigration and Refugee Protection Act (IRPA) detention scheme to determine if the scope of the review under the legislation included a review of the grounds raised by Chhina. She found at para. 59 that the detention review process established by IRPA was not as broad or advantageous as habeas corpus where an applicant alleges that their detention is unlawful because it is lengthy and of an uncertain duration for three reasons. ... [read more]

Friday, May 31, 2019 @ 12:02 PM - Last Updated: Friday, May 31, 2019 @ 3:15 PM

Nova Scotia to appeal solicitor-client privilege case to SCC: lawyer

Nova Scotia is turning to Canada’s highest court after losing an appeal to keep secret its privileged dealings with a former Crown who is suing the government after it publicly disavowed a controversial “sovereignty argument” he used in a land dispute with an Indigenous group. A lawyer for former Crown Alex Cameron says he has “been advised” that Nova Scotia’s attorney general will seek leave from the Supreme Court of Canada ... [read more]

Friday, May 31, 2019 @ 9:01 AM

CONSTITUTIONAL VALIDITY OF LEGISLATION - Level of government

The appellants appeal a judgment which dismissed their application for a declaratory judgment and a permanent injunction seeking to have the Firearms Registration Act (the Act) declared unconstitutional. ... [read more]

Friday, May 31, 2019 @ 8:59 AM

CIVIL EVIDENCE - Documentary evidence - Sealed evidence

Appeal by the plaintiffs from a 2017 sealing order in relation to psychometric testing documents produced and marked as exhibits during a 2012 trial of a personal injury action. ... [read more]

Thursday, May 30, 2019 @ 8:49 AM

CHILD PROTECTION - Supervision or guardianship - Access by parents

Appeal by the mother from an order that denied her access to three of her Indigenous children in extended care. ... [read more]

Wednesday, May 29, 2019 @ 6:59 AM

TORTS BY THE CROWN - Immunity - When available - Negligence

Appeal by the plaintiff police officers from the striking of their negligence claim. ... [read more]

Monday, May 27, 2019 @ 3:11 PM

Quebec consumer law does not apply to sale of prescription drugs, Appeal Court rules Marianne Ignacz

In a resounding victory for the pharmaceutical industry, the Quebec Court of Appeal held that the province’s consumer protection law does not apply to the sale of prescription drugs, jettisoning a legal avenue a growing number of class action plaintiffs were using to sue the industry. ... [read more]

Monday, May 27, 2019 @ 12:33 PM

Dentists are doctors, too Dentist

Unfortunately for dentists, the profession was under fire yet again in the recent Alberta Court of Queen’s Bench decision, Moussi (Litigation guardian of) v. TD Home and Auto Insurance Co. 2019 ABQB 242. ... [read more]

Monday, May 27, 2019 @ 9:10 AM

Access to Justice: Action Committee summit all about change | Beverley McLachlin

In the words of Bob Dylan, “The times, they are a-changin.’ ” In order to truly achieve access to justice across Canada, the justice sector needs to embrace change. The discussions at this year’s Annual Summit of the Action Committee on Access to Justice in Civil and Family Matters reflected this need. ... [read more]

Friday, May 24, 2019 @ 8:24 AM

MUNICIPAL BOARDS AND TRIBUNALS - Jurisdiction - Development permits

Application by CNR and Shell Canada for leave to appeal a decision of the Subdivision and Development Appeal Board upholding the decision of the Municipal Planning Commission to issue a development permit for a work camp located next to CNR’s and Shell’s sour gas facilities. ... [read more]