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Civil Litigation

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Friday, May 24, 2019 @ 8:23 AM

DIVISION OF POWERS - Provincial jurisdiction - Aboriginals and reserves - Property and civil rights

Appeal by three former members of the Gift Lake Metis Settlement from a decision that found impugned provisions of the Metis Settlements Act were not unconstitutional. ... [read more]

Thursday, May 23, 2019 @ 3:05 PM

MLT Aikins adds three lawyers to Winnipeg office, one to Edmonton office

MLT Aikins announced that four lawyers have joined the Western Canadian firm. ... [read more]

Thursday, May 23, 2019 @ 11:54 AM

Canadian Judicial Council’s legal bid to insulate itself from judicial review for fairness may have run its course Andrea_Gonsalves

The Canadian Judicial Council (CJC), chaired by Canada’s top judge, has not yet announced whether it will seek leave to appeal a recent Federal Court of Appeal decision to the Supreme Court of Canada — a move that would likely lead to Supreme Court of Canada Chief Justice Richard Wagner and Justice Suzanne Côté recusing themselves from the novel case. ... [read more]

Thursday, May 23, 2019 @ 9:25 AM

Habeas corpus and immigration detention: Now a real option immigration_jail_sm

Almost six months after the Supreme Court heard the case of Canada (Public Safety and Emergency Preparedness) v. Chhina 2019 SCC 29, the judgment of the court was rendered on May 10, 2019. ... [read more]

Thursday, May 23, 2019 @ 8:26 AM

NEGLIGENCE - Duty of care - Apportionment of liability

Appeal by the defendant Thompson Fuels from the trial decision, the post-trial ruling, and the costs awards. ... [read more]

Wednesday, May 22, 2019 @ 1:52 PM

Copyright trolls suing thousands of Canadians for file sharing

According to Techopedia, Wikipedia for geeks, file sharing is defined as “the practice of sharing or offering access to digital information or resources, including documents, multimedia (audio/video), graphics, computer programs, images and e-books.” It’s a definition — and an issue — lawyers in Canada may want to look at more closely. ... [read more]

Wednesday, May 22, 2019 @ 11:44 AM

Dealing with provincial health insurers in class actions hospital handshake.jpg

It has been one year since the release of Justice Brian Barrington-Foote’s decision in Pedikaris v. Purdue Pharma et al. 2018 SKQB 86. At that time, his message was loud and clear: “The PHIs (provincial health insurers) are not members of the class. They must each approve the settlement of their subrogated claim. They, unlike individual litigants, are well able to protect their own interest.” (para. 20) ... [read more]

Wednesday, May 22, 2019 @ 8:40 AM

MARITAL PROPERTY - Division of family property on death

Appeal by the executor from a decision holding the chambers judge could not entertain an application for an interim distribution of family property based on the material before him and awarding the respondent solicitor–client costs payable by the appellant personally. ... [read more]

Tuesday, May 21, 2019 @ 12:36 PM

Civil juries must understand separation of defendants from those who settle, says lawyer Raymond_Wagner_sm

Juries in civil trials must be properly instructed on burden of proof and the separation between active defendants and those who settled out of court, says the lawyer of a Nova Scotia mother who is suing a doctor for negligence after her child was left brain damaged. ... [read more]

Tuesday, May 21, 2019 @ 9:18 AM

CIVIL PROCEDURE - Trials - Conduct of

Appeal by the tenants from a decision of an application judge granting the landlord vacant possession. ... [read more]