Focus On

Civil Litigation


Monday, June 29, 2020 @ 9:32 AM

National pro bono initiative responds to Canadians hit hard by pandemic legal problems Alex Don sm

A growing movement to support Canadians struggling with legal problems brought on by the COVID-19-pandemic has so far recruited about 25 lawyers and 415 law students. Launched in May by McGill University Faculty of Law graduates Alex Don, Mark Mejia Kuznetsova and Rapti Ratnayake, the National Canadian Lawyers’ Initiative (NCLI) has so far assisted more than 100 people, providing one to five hours of legal advice online per person or referring them to a local pro bono legal service, where possible. ... [read more]

Monday, June 29, 2020 @ 9:24 AM

Fund managers and class action exposure: Implications of decision bulls_bears_sm

In Wright v. Horizons ETFS Management (Canada) Inc. 2020 ONCA 337, the Court of Appeal overturned the decision of the motion judge in Wright v. Horizons ETFS Management (Canada) Inc. 2019 ONSC 3827, and ordered that the case be remanded back to him for a determination of whether the remaining elements of the test for certification could be met. ... [read more]

Monday, June 29, 2020 @ 8:44 AM

In defence of civil jury trials | Sam Goldstein

Attorney General Doug Downey floated legislative amendments recently that would eliminate some or all civil jury trials in Ontario. Eliminating jury trials is seen as a partial solution to the problem of court backlog exacerbated by the pandemic. The AG has said that the move is part of a broader effort to modernize this province’s justice system. Ontario is one of the few provinces that still allows civil jury trials for most cases. ... [read more]

Friday, June 26, 2020 @ 2:46 PM

Victory in court for assault victim, but can they collect on $6-million judgment? Hand holding dollars

On May 27, in the case of Mus v. Kozakowski [2020] S.J. No. 213, the Saskatchewan Court of Queen’s Bench awarded Robert Mus more than $6.7 million in damages after sustaining a serious brain injury as a result of a brutal attack. ... [read more]

Friday, June 26, 2020 @ 2:33 PM

BINDING ARBITRATION - Voluntary binding arbitration - Agreement to arbitrate - Validity and enforceability

Appeal from a decision of the Ontario Court of Appeal setting aside a stay of proceedings. The respondent David Heller provided food delivery services in Toronto using software applications provided by the appellants, Uber Technologies Inc., Uber Canada, Inc., Uber B.V. and Rasier Operations B.V. (collectively “Uber”). ... [read more]

Friday, June 26, 2020 @ 12:47 PM

Caution urged before releasing prisoners with dementia Elderinhandcuffs

Seven years ago, a B.C. judge sentenced a 63-year-old man with dementia to jail because there was no suitable place for him to live in the community (R. v. McPherson [2013] B.C.J. No. 2127). He required housing in a secure facility capable of handling dementia patients who posed a risk for violence and other inappropriate conduct, but at the time, such a placement was unavailable. Jail was the only alternative. ... [read more]

Friday, June 26, 2020 @ 9:11 AM

Remote hearings, examination of witnesses: Best practices online_courtroom_sm

With the adoption of remote hearings by the courts in this pandemic, concern has been expressed as to due process issues, particularly regarding the remote examination of witnesses. In the seminal case of Arconti v. Smith 2020 ONSC 2782 for example, the plaintiffs objected to the remote examination for discovery of a defendant because “the plaintiffs do not trust the defendants not to engage in sleight of hand to abuse the process,” among other reasons. ... [read more]

Friday, June 26, 2020 @ 5:30 AM

BYLAWS AND RESOLUTIONS - Grounds for invalidity - Ultra vires - Federal jurisdiction

Appeal by the City from a decision finding that a bylaw, as it applied to telecommunications, was in pith and substance legislation in respect of telecommunications which was properly a subject of federal jurisdiction under s. 92(10)(a) of the Constitution Act, 1867 and directing that the words “telecommunications services” be severed from the definition of “utility provider” in the bylaw. ... [read more]

Thursday, June 25, 2020 @ 4:40 PM

Nova Scotia courts release recovery plan

The Nova Scotia Judiciary has released a “living” recovery plan outlining safety strategies and protocols for its ongoing expansion of court services — including in-person hearings — during the COVID-19 health crisis. ... [read more]

Thursday, June 25, 2020 @ 2:52 PM

Online medical records firm hires head of partnerships and business development

Toronto-based Medchart, which enables the electronic transfer of medical records through express patient consent, has hired Anand Ablack as its head of partnerships and business development. ... [read more]