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Civil Litigation


Friday, May 12, 2017 @ 7:06 AM

Real estate projects in financial difficulty: Article II

This is the second in a series of three articles that address issues when a real property developer becomes insolvent. In the course of developing and building a real property project, the real estate developer will deal with a number of different parties, including the developer’s trades, the local municipality, secured lender(s), Tarion Warranty Corporation (Tarion) and purchasers. When the real estate developer runs into financial difficulties, the stakeholders in a project will have different objectives, and may take certain actions, as discussed below. ... [read more]

Thursday, May 11, 2017 @ 8:40 AM

Horowitz v. Nightingale: the end of secondary arbitration?

Lawyers, mediators and judges often include in their family law settlements or orders a term that issues regarding the interpretation, implementation, or future variation of the settlements or orders shall be determined through mediation/arbitration with a mediator/arbitrator to be agreed upon by the parties. This can be an effective mechanism to resolve issues that arise subsequent to the settlement or order. However, a recent decision by the Ontario Superior Court has thrown into doubt the viability of this process. ... [read more]

Wednesday, May 10, 2017 @ 10:55 AM

Former justice Cullity to receive OBA estates award

Maurice Cullity, former judge with the Ontario Superior Court of Justice, was named the winner of the Ontario Bar Association (OBA) Award of Excellence in Trust and Estates Law, in April 2017, and will be honoured at a May 31 reception at the Four Seasons Hotel in Toronto. ... [read more]

Tuesday, May 09, 2017 @ 1:54 PM

Dentons bolsters Hungary presence with promotions

Dentons has strengthened its platform in Hungary and the central and southeast Europe regions with the recruitment and promotion of several legal professionals, including the creation of two new partners. ... [read more]

Tuesday, May 09, 2017 @ 8:34 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Procedure - Discovery - Production and inspection of documents - Appeals - Interlocutory or final orders - Quashing of

Motion by the defendant, the Crown, to quash an appeal brought by the plaintiff, JK. The plaintiff was the representative plaintiff in a proposed class action on behalf of individuals detained at youth detention centres, and placed in secure isolation while under the age of 18. The affidavit filed in support of certification recounted the plaintiff's experiences and included descriptions of the detention centres and solitary confinement. The Crown sought to cross-examine the plaintiff on the affidavit. In support, the Crown moved for production of the plaintiff's youth criminal records. The plaintiff took the position that the Superior Court did not have jurisdiction to order production, as production was prohibited unless authorized in Youth Justice Court under the Youth Criminal Justice Act. With the exception of one record, the motion judge found that the Crown established relevance and ordered that the plaintiff's class proceeding would be stayed unless he produced the records sought. The plaintiff appealed. The Crown sought to quash the appeal on the basis the underlying order was interlocutory in nature, and therefore any appeal lay with the Divisional Court with leave. ... [read more]

Monday, May 08, 2017 @ 7:53 AM

JUDICIAL REVIEW AND STATUTORY APPEAL - Practice and procedure - Orders

Appeal by the Minister of Education and Early Childhood Development and cross-appeal by the Francophone South School District Council from an order converting a judicial review application into an ordinary action. The respondents, Henrie and Arsenault, applied for judicial review of a Ministerial decision giving effect to a school closure recommendation by the District Council. The respondents sought to quash the Ministerial decision with ancillary relief compelling the re-opening and continued operation of the school. A proposed amendment to the application objected to the constitutional validity of closure-related provisions of the Education Act. The application judge converted the matter into an ordinary action without exploration of the merits. The Minister appealed on the basis the judge erred in making the conversion order. In the event of the Minister's appeal succeeding, the District Council cross-appealed on the basis the judicial review should be undertaken by the Court of Appeal rather than referred for adjudication. ... [read more]

Monday, May 08, 2017 @ 7:33 AM

Escalators not always a walk in the park

“An Escalator can never break: it can only become stairs. You should never see an Escalator Temporarily Out of Order Sign, just Escalator Temporarily Stairs. Sorry for the convenience.” – Mitch Hedberg.  The above quote by the late comedian Mitch Hedberg indicates, as many believe, that escalators are just moving stairs. However, when walking on an escalator, people are exposed to the potential of tripping and falling. The Technical Standards & Safety Authority (TSSA) reported that from 2012 to 2014 there were more than 800 injuries associated with escalator passengers in Ontario, and the Consumer Product Safety Commission (CPSC) estimated that 75% of escalator injuries in the U.S. resulted from falls. ... [read more]

Monday, May 08, 2017 @ 7:19 AM

Access to Justice: Public engagement vital for improving access to civil, family justice | Thomas Cromwell

Lawyers understand that an effective civil and family justice system is a key component of civil society. We know that the security of property, of commercial transactions, of intellectual property and even the safety and well-being of children and families depend on our civil and family laws enforceable, when necessary, with the help of independent lawyers before independent judges. ... [read more]

Monday, May 08, 2017 @ 7:04 AM

Ontario court rules Starbucks ‘occupier’ of adjacent sidewalk in personal injury case Murray Tkatch

Commercial establishments that rely on a portion of municipal property to welcome customers should take note of an Ontario Court of Appeal decision released last week. ... [read more]

Sunday, May 07, 2017 @ 11:27 AM

Drones set to fill skies of North America Drones in the sky

Drones aren’t going away. The proliferation of unmanned air vehicles (UAVs), colloquially known as drones, continues worldwide. Operators continue to embrace drones for commercial and recreational uses. New industries are being created based on advances in drone racing, agricultural observation, inspection, delivery, defence and mapping. Naturally, new technology creates new problems. And regulators struggle to keep up. Although Canada and the United States regulate drones, enforcement and compliance remains limited. ... [read more]