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Civil Litigation

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Monday, September 30, 2019 @ 10:33 AM

Digital privacy for the living and the dead digital_assets_sm

In Oct. 2017, Maureen Henry obtained a judge’s order to gain access to her late son Dovi’s social media accounts. ... [read more]

Monday, September 30, 2019 @ 9:42 AM

New program helps self-represented navigate small claims court in Nova Scotia Heather de Berdt Romilly

Self-represented litigants in Nova Scotia’s small claims court are getting a big boost. The Legal Information Society of Nova Scotia (LISNS), in partnership with the court, has launched a navigator program to help individuals wend their way through the system and have support throughout the judicial process. ... [read more]

Monday, September 30, 2019 @ 9:06 AM

CUSTODY AND ACCESS - Contempt - Punishment

Appeal by the mother from a finding of contempt, a fine of $2,500, and a cost award of $15,297 imposed against her. ... [read more]

Monday, September 30, 2019 @ 9:04 AM

NUISANCE - Action against Crown - Measure of damages

Appeal by the defendants from trial judgment finding them liable for a nuisance created by the operation of the dam from 2006 to 2011. ... [read more]

Monday, September 30, 2019 @ 9:01 AM

BREACH OF CONTRACT - Repudiation

Appeal by RJG Construction (“RJG”) dismissing its action for damages for breach of contract and allowing the respondent Marine Atlantic Inc's (“Marine”) counterclaim for breach of contract. ... [read more]

Monday, September 30, 2019 @ 8:58 AM

Federal Court reins in Immigration and Refugee Board | Julius Melnitzer

The Federal Court has limited the power of the Immigration and Refugee Board of Canada’s (IRB) chairperson to issue jurisprudential guides (JGs) on issues of fact, where the JGs create an “expectation” that board members were bound to follow the directives. ... [read more]

Friday, September 27, 2019 @ 1:44 PM

Builder’s risk or commercial general liability: which insurance policy applies? House under construction

When unfortunate circumstances (e.g. flood, fire, etc.) cause significant damage to a major renovation or expansion project while construction is underway, including damage to newly renovated property and pre-existing property, which insurance policy(ies) ought to cover the losses? ... [read more]

Friday, September 27, 2019 @ 10:36 AM - Last Updated: Friday, September 27, 2019 @ 7:08 PM

SCC rules courts can order disclosure of journalists’ confidential sources only as ‘a last resort’ Richard Wagner

The Supreme Court of Canada has provided its first guidance on how to apply a 2017 law protecting journalists’ confidential sources in a ruling which reaffirms unanimously that courts can only order disclosure of such sources “as a last resort.” ... [read more]

Friday, September 27, 2019 @ 6:23 AM

BARRISTERS AND SOLICITORS - Retention of counsel - Conflict of interest

Motion by Legate to remove Cube’s law firm as counsel. ... [read more]

Thursday, September 26, 2019 @ 5:33 PM - Last Updated: Friday, September 27, 2019 @ 12:38 AM

SCC affirms Ontario owns Crown copyright in plans of survey filed with province’s land registry system Rosalie Abella

In its first judgment on Crown copyright, the Supreme Court of Canada has unanimously upheld the summary dismissal of a breach of copyright class action launched in 2007 by Ontario’s land surveyors, whose plans of survey filed with the provincial land registry system are being sold online by a commercial database, on Ontario’s behalf, without payment to the surveyor-creators. ... [read more]