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Civil Litigation

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Thursday, July 05, 2018 @ 9:30 AM

Trudeau government breaks promise to disclose info on new federal judges ‘shortly’ Jody Wilson-Raybould

The Trudeau government’s pledge to shed more light on the qualifications, backgrounds and relevant views and attitudes of the scores of superior court judges it appoints below the Supreme Court of Canada remains a mostly unfulfilled promise so far. ... [read more]

Thursday, July 05, 2018 @ 8:47 AM

BARRISTER AND SOLICITORS - Legal aid - Right to legal aid

Appeal by P and the Human Rights Commission from a decision setting aside a decision of the Commission that the Legal Aid Commission’s policy of not funding legal counsel for human rights complaints discriminated against disabled complainants. ... [read more]

Wednesday, July 04, 2018 @ 2:28 PM

Sunrise Propane explosion highlights importance of due diligence gastruck_sm.jpg

The Sunrise Propane explosion in 2008 serves as a stark reminder of the importance of due diligence when conducting business operations that are inherently dangerous to human health and the environment. ... [read more]

Wednesday, July 04, 2018 @ 8:49 AM

PRACTICE AND PROCEDURE - Evidence - Admissibility

Appeal by the plaintiff, Dahl, from an order dismissing her negligence claim against the defendant, the South Coast British Columbia Transportation Authority. ... [read more]

Wednesday, July 04, 2018 @ 8:25 AM

In Quebec, time runs out on guilt by association expired_meter_sm

In 9302-9239 Québec inc. (Habitations Mozenco) v. Média QMI inc. 2018 QCCA 846, Quebec’s Appeal Court held that “guilt by association” may be a familiar saying on the street but it is not a legal maxim in the courts. Quebec’s Press Act sets a short, three-month period in which to sue a newspaper for defamation but extends that period to one year if the newspaper article accuses the plaintiff of committing a criminal offence. ... [read more]

Tuesday, July 03, 2018 @ 1:23 PM

McIntyre Powder: Compensation in cases of human experimentation 3minerssilhouette_sm.jpg

In response to World War II-era human experimentation atrocities, the Nuremberg Code restated the essential requirements for the legitimate, ethical conduct of experiments involving human clinical subjects. The first and most critical element is the voluntary, fully informed consent of the human subject, in the absence of coercion, duress, force or deceit. The human subject must also be free to withdraw from participation in the experiment at any time. These ethical principles were not followed during a human experiment involving tens of thousands of miners and factory workers in a compulsory aluminum dust inhalation program that spanned nearly four decades in Canada and internationally. ... [read more]

Tuesday, July 03, 2018 @ 8:35 AM

CIVIL PROCEDURE - Costs - Unproved allegations of fraud

Appeal by the plaintiff, Kent, from a costs award payable by the defendants, Martin, and various corporate media entities. ... [read more]

Tuesday, July 03, 2018 @ 8:33 AM

BINDING ARBITRATION - Powers and duties - Jurisdiction of the court to review

Application by Canada to set aside an arbitration award by a NAFTA Tribunal in favour of the respondents concluding that Canada had violated certain of its NAFTA obligations. ... [read more]

Friday, June 29, 2018 @ 11:38 AM

Quebec judge elevated to Court of Appeal

Geneviève Cotnam, a judge of the Court of Quebec, has been appointed a judge of the Court of Appeal of Quebec in Quebec City. She replaces Justice Jean Bouchard, who elected to become a supernumerary judge effective Sept. 1, 2017. ... [read more]

Friday, June 29, 2018 @ 8:51 AM

CORPORATIONS - Distinct legal entity - Exceptions (piercing the corporate veil)

Appeal by the plaintiffs from summary judgment determining that the shares and assets of Chevron Canada were not eligible to satisfy the judgment debt of Chevron Corporation and from the costs award. ... [read more]