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Civil Litigation

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Thursday, September 01, 2016 @ 08:00 PM

Courts are plugging in for good reason, but there is a technology learning curve

The rise of the e-trial, like all other technological developments, comes with challenges to its widespread use. Despite these challenges, lawyers need to be comfortable with the use of technology at trial or risk falling behind. ... [read more]

Thursday, September 01, 2016 @ 08:00 PM

Limited scope retainers, fixed fee options needed to stem tide of self represented litigants

Increasing numbers of civil litigants are self-represented, especially in family cases. Many people start out with a lawyer, but faced with insurmountable costs, people of modest means are increasingly choosing to represent themselves. Yet somehow, for lawyers, the legal pie is shrinking. Increasing numbers of lawyers are underemployed. ... [read more]

Thursday, September 01, 2016 @ 08:00 PM

Common interest privilege taken too far 

The law as it relates to common interest privilege remains unsettled in Canadian jurisprudence and can best be described as an ill-defined legal concept that has been stretched to a point of absurdity. ... [read more]

Thursday, September 01, 2016 @ 08:00 PM

Ignore Bulk Sales Act requirements at your peril

Countless solicitors have been faced with the following question: should a buyer of assets waive a seller’s compliance with the Bulk Sales Act? ... [read more]

Thursday, September 01, 2016 @ 08:00 PM

Civil Litigation - Civil procedure - Parties - Representation of - By non-lawyer

Application by Park Avenue Flooring Inc. (Park Avenue) to permit Miller to represent Park Avenue in the appeal or cross-appeal. EllisDon Construction Services Inc. (EllisDon) was retained as a construction manager for the Court Yard Infill Project (CYI Project) at the Calgary Airport. In early 2002, EllisDon accepted Park Avenue’s bid to do work on tiling and flooring for the CIY Project. By September 2002, Park Avenue claimed $550,000 in unpaid invoices. Informal mediation was unsuccessful and the relationship continued to deteriorate until EllisDon sent a termination letter to Park Avenue in April 2003. Park Avenue commenced litigation in October 2003. In 2007, a judge of the Court of Queen’s Bench issued an order permitting Miller to represent Park Avenue. Miller was a Director and Officer of Park Avenue, but was not a member of the Law Society of Alberta. The trial judge awarded Park Avenue $877,582 in damages and dismissed EllisDon’s counterclaim. Park Avenue filed a Notice of Appeal and sought to appeal portions of the judgment in relation to damages. EllisDon cross-appealed and objected to Miller’s representation of Park Avenue. ... [read more]

Thursday, August 25, 2016 @ 08:00 PM

Settlement letter didn't imply liability, court of appeal rules

A recent Court of Appeal of British Columbia ruling on whether settlement negotiations can be considered an acknowledgement of liability has reaffirmed the importance of labelling all settlement communications, according to experts in the field of civil litigation. ... [read more]

Thursday, August 18, 2016 @ 08:00 PM

Legal woes taking toll, report says

Everyday legal problems — from getting divorced, to fighting eviction notices, to disputing cell phone bills — cost Canadians about $7.7 billion a year. ... [read more]

Thursday, August 18, 2016 @ 08:00 PM

Government Law - Access to information and privacy - Protection of privacy - Personal information - Government or public information - Health and medical records - Unauthorized disclosure or release

Appeal by the Crown from an order certifying a class action proceeding brought by two anonymous plaintiffs on behalf of participants in the Marihuana Medical Access Program (MMAP). The plaintiffs’ action alleged that Health Canada sent oversized envelopes addressed in their names, and to 40,000 individuals registered in the MMAP, with the MMAP return address visibly marked on the envelope. The plaintiffs submitted that Health Canada’s manner of sending and labeling the envelopes entitled them to damages for breach of contract, negligence, breach of confidence, intrusion upon seclusion, and privacy-related Charter breaches. The damages claimed included costs for personal security, damage to reputation, loss of or reduced capacity for employment, and mental distress. The Crown opposed certification on the basis that the claim did not disclose a reasonable cause of action, that the common questions were overwhelmed by individual issues, and that a class action was not the preferable procedure. The motions judge granted the certification motion with costs, subject to amendment of the Charter-based claims and the naming of at least one publicly-identified class representative. The Crown appealed the certification order. The plaintiffs cross-appealed the requirement to name a publicly-identified class representative. ... [read more]

Thursday, August 11, 2016 @ 08:00 PM

Civil procedure - Par ties - Party types - Corporations. partnerships and sole proprietorships - Standing - Third party procedure - Striking out or setting aside  -

Appeal by the defendant from dismissal of his third party claim against the respondent on the basis of delay. The proceedings arose out of an oil spill that occurred in Muskoka in 1990. The main action was commenced in 2000. In 2001, the appellant commenced a third party claim against the respondent seeking contribution and indemnity. Pleadings closed in 2004 and no further steps were taken after the main action was struck from the trial list. The respondent was voluntarily dissolved in 2006. The main action and third party claim remained unresolved. In 2015, the respondent moved to dismiss the third party claim for delay. The appellant argued that the respondent, as a dissolved corporation, lacked capacity to bring a motion for the relief sought or to defend a third party claim. The motion judge found that the respondent had standing to bring the motion and defend the claim, and that the claim should be dismissed due to inordinate delay and related prejudice. The appellant appealed. ... [read more]

Thursday, July 21, 2016 @ 08:00 PM

Self represented offered free legal advice through clinics in Newfoundland

Navigating the procedural requirements in appeal court can be difficult for lawyers. For self-represented litigants the degree of difficulty rises exponentially. The Newfoundland and Labrador Court of Appeal is hoping to make the process more understandable for self-represented litigants and in the process improve court efficiency and access to justice. ... [read more]