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Civil Litigation

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Monday, December 03, 2018 @ 10:45 AM

SCC poised to hear ‘admin-lawlapalooza’ but scholar doubts judges can find standard of review ‘holy grail’ Robert Danay

Lawyers watching this week’s blockbuster three-day Supreme Court hearing on standard of review should keep a sharp eye on Justices Michael Moldaver and Sheilah Martin, advises B.C. lawyer Robert Danay, who tracks the administrative law voting records of the court’s nine members. ... [read more]

Monday, December 03, 2018 @ 10:34 AM

JURISDICTION - Domestic issues (between Canadian jurisdictions) - Forum conveniens

Motion by the defendant for a stay of the Nova Scotia action on the basis of forum non conveniens. The plaintiff carried out business throughout the Atlantic provinces, primarily in Nova Scotia. ... [read more]

Friday, November 30, 2018 @ 6:01 PM - Last Updated: Monday, December 03, 2018 @ 3:03 PM

SCC tweaks rules for requiring journalistic materials to be produced to police in aid of criminal investigations Michael Moldaver

The Supreme Court has split 5-4 to reject journalists’ pleas to make it harder for courts to order media to produce their private journalistic material to police in aid of criminal investigations — including refusing to require that production orders must be a last resort to be used against media only when alternative sources for the information are not available. ... [read more]

Thursday, November 29, 2018 @ 10:54 AM

Successfully managing complex litigation complex_litigation_sm

On Oct. 18, 2018, Benchmark’s Women in Litigation Conference brought together in-house counsel and practitioners in private practice to share ideas and learn from each other, in a full-day program featuring female leaders. This article is adapted from a presentation that we gave along with Delbie Desharnais (Telus), Deirdre MacLeod (PwC) and Heather Crawford (Fengate Capital Management). ... [read more]

Thursday, November 29, 2018 @ 8:33 AM

CUSTODY AND ACCESS - Practice and procedure - Costs

Appeal by the father from a costs award. ... [read more]

Wednesday, November 28, 2018 @ 2:16 PM

New partner, counsel and two associates join BLG insurance, tort group

Borden Ladner Gervais LLP (BLG) announced that Gilbert Hourani is a new partner in the insurance and tort liability group along with Pierre Visockis,  counsel, and Marc-André McCann and Samuel Robichon, associates, all of whom are based in Montreal. ... [read more]

Wednesday, November 28, 2018 @ 12:53 PM - Last Updated: Wednesday, November 28, 2018 @ 3:21 PM

Pro Bono Ontario receives funding from feds; director doesn’t expect province to follow suit Myriam Seers sm

The fight to keep Pro Bono Ontario’s (PBO) Law Help Centres open has been backed by the federal Department of Justice through a one-time contribution of $250,000, securing the centres through 2019. ... [read more]

Wednesday, November 28, 2018 @ 8:05 AM

COPYRIGHT - Procedure - Discovery - Protective orders

Appeal by Arkipelago Architecture from a Federal Court judgment affirming a protective order. ... [read more]

Tuesday, November 27, 2018 @ 11:16 AM

Recent cases clarify duty of good faith contractual performance honest_agreement_sm

In Bhasin v. Hrynew 2014 SCC 71, the Supreme Court recognized that a duty of good faith contractual performance exists as a general organizing principle of the common law of contract. ... [read more]

Tuesday, November 27, 2018 @ 8:31 AM

CIVIL PROCEDURE - Costs - Particular orders - Special orders

Appeal by the plaintiff from the dismissal of its application for leave to have 15 bills issued by the respondent law firm reviewed by the registrar and the order against it for special costs. ... [read more]