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Civil Litigation

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Friday, March 17, 2017 @ 1:21 PM

Lawyer/scientist Anand joins Gilbert's LLP

Nisha Anand has joined Gilbert’s LLP as a partner. ... [read more]

Friday, March 17, 2017 @ 11:55 AM

Feds toughen rules for flying recreational drones Drone

With the growing popularity of drones, or unmanned aerial vehicles (UAVs), has come an increasing concern for their safe use, especially around other aircraft, buildings and people. ... [read more]

Thursday, March 16, 2017 @ 8:00 PM

Civil Litigation - Civil procedure - Parties - Intervenors - Requirement of interest

Application by the Attorney General of Newfoundland and Labrador for intervenor status in an appeal by Weir Construction (Weir) and its principals respecting the right of an injured worker, Warford, to maintain an action in tort in the Supreme Court against them. Warford was seriously injured while working as a mechanic repairing a large truck owned and used by Weir in its construction business. He was awarded benefits under the Workplace Health, Safety and Compensation Commission Act (Act), after which the Commission exercised its rights of subrogation and commenced the present action. When the Commission decided not to proceed with the action, it allowed Warford to continue it for his own benefit, on the condition that if he was successful he would repay the benefits he received under the legislation. After the issue of whether the action was prohibited because the accident involved the use of a motor vehicle in the course of Warford’s employment was considered by the Court multiple times, the Court ruled that the action could proceed, based on the delay in resolving the issue. Weir and its principals appealed. Over 20 years had passed since Warford suffered his injury and he was now deceased. His action was continued by his estate. The Attorney General sought intervenor status in the appeal because the outcome would impact three other pieces of litigation involving the application of sections 44 and 44.2 of the Act. Of the parties to the appeal, only Warford’s estate opposed the Attorney General’s application to intervene, noting that the Attorney General could have participated in earlier proceedings, and arguing that allowing the application had the potential to further delay the case because other interested parties, such as motor vehicle insurers, could seek to intervene as well. ... [read more]

Thursday, March 16, 2017 @ 9:40 AM

Investment clinic to provide pro bono legal assistance for investors Poonam Puri

Beginning in September the Investor Protection Clinic (IPC) will offer pro bono legal assistance to individuals of modest means who have invested their savings and suffered an investment loss, but cannot afford to hire a lawyer to assist them in attempting to recover their loss. ... [read more]

Thursday, March 16, 2017 @ 8:53 AM

Law Society should leave referral fees alone | Darryl Singer

You would think from all the media hype and law society pronouncements, that the concept of referral fees among lawyers was a bad thing that harmed innocent clients. In fact, the reverse is true. ... [read more]

Thursday, March 16, 2017 @ 8:45 AM

Alberta appeal court enforces clear contractual bonus language

In Styles v. Alberta Investment Management Corp. 2017 ABCA 1, the Alberta Court of Appeal enforced clear contractual language limiting bonus entitlements to employees actively employed on the vesting date and provided much-needed clarity for Alberta employers. ... [read more]

Tuesday, March 14, 2017 @ 12:46 PM

Private member’s bill looks to cap lawyers' contingency fees

A private member’s bill seeks to put a limit on Ontario lawyers’ contingency fees. ... [read more]

Tuesday, March 14, 2017 @ 9:02 AM

Settling a family law dispute is only the first step, then comes the documentation

Once the parties have reached a settlement in a family law dispute, the next issue is how to document it.   ... [read more]

Monday, March 13, 2017 @ 8:58 AM

CIVIL PROCEDURE - Parties - Intervenors - Requirement of interest

Application by the Attorney General of Newfoundland and Labrador for intervenor status in an appeal by Weir Construction (Weir) and its principals respecting the right of an injured worker, Warford, to maintain an action in tort in the Supreme Court against them. Warford was seriously injured while working as a mechanic repairing a large truck owned and used by Weir in its construction business. He was awarded benefits under the Workplace Health, Safety and Compensation Commission Act (Act), after which the Commission exercised its rights of subrogation and commenced the present action. When the Commission decided not to proceed with the action, it allowed Warford to continue it for his own benefit, on the condition that if he was successful he would repay the benefits he received under the legislation. After the issue of whether the action was prohibited because the accident involved the use of a motor vehicle in the course of Warford’s employment was considered by the Court multiple times, the Court ruled that the action could proceed, based on the delay in resolving the issue. Weir and its principals appealed. Over 20 years had passed since Warford suffered his injury and he was now deceased. His action was continued by his estate. The Attorney General sought intervenor status in the appeal because the outcome would impact three other pieces of litigation involving the application of sections 44 and 44.2 of the Act. Of the parties to the appeal, only Warford’s estate opposed the Attorney General’s application to intervene, noting that the Attorney General could have participated in earlier proceedings, and arguing that allowing the application had the potential to further delay the case because other interested parties, such as motor vehicle insurers, could seek to intervene as well. ... [read more]

Friday, March 10, 2017 @ 2:38 PM

Cyberattack against student showcases how law is evolving to tackle such crimes

A cyberattack last week against a University of Moncton student showcases how today’s laws are trying to catch up to protect victims of such attacks. ... [read more]