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Civil Litigation

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Friday, June 29, 2018 @ 7:23 AM

New rules broaden security vetting of cannabis players but past crimes don’t automatically bar them from industry Eileen McMahon

The Trudeau government’s aim of barring organized crime from infiltrating the legalized adult-use cannabis industry is reflected in the sweeping new security clearance rules that will apply to owners, directors, controlling influences and other key players in the multibillion-dollar industry set to launch here in October. ... [read more]

Thursday, June 28, 2018 @ 11:28 AM

Decision in $1 billion lawsuit shows contracts will be interpreted to ‘mean what they say’: lawyer Blair Yorke-Slader, Bennett Jones LLP

Despite its complexity involving a multitude of contracts, the science involved in making chemical compounds and a judgment of over $1 billion, the lawyer for a company in a case involving the operation of an ethylene plant in Alberta says ultimately the principles of contract interpretation that were applied are ones that are very familiar and straightforward. ... [read more]

Wednesday, June 27, 2018 @ 1:12 PM

Trinity Western case a nuanced look at scope of religious freedom | Heather MacIvor

On June 15 the Supreme Court of Canada approved the refusal by two law societies to accredit graduates of a proposed law school at Trinity Western University (TWU) in British Columbia. Students and faculty at the private evangelical Christian school are required to sign a “community covenant agreement,” pledging to “voluntarily abstain” from “sexual intimacy that violates the sacredness of marriage between a man and a woman.” Violations of the covenant can result in suspension or expulsion. ... [read more]

Tuesday, June 26, 2018 @ 12:34 PM

The question of medical negligence in British Columbia’s Cambridge affair blanksuperhero_sm.jpg

As described in part one of this series, Drs. Sean and Rosemarie Cambridge, two foreign-trained physicians, provided medical care to hundreds of patients in Chilliwack, B.C., from 2011 to 2017, under a provisional medical licence issued by the College of Physicians and Surgeons of British Columbia. ... [read more]

Tuesday, June 26, 2018 @ 9:11 AM

REAL ESTATE AGENTS AND BROKERS - Creation of agency - Liability

Appeal by the plaintiff, Siemens, from dismissal of his action against the defendant, Howard, in respect of a property ownership dispute. ... [read more]

Tuesday, June 26, 2018 @ 9:08 AM

CONSIDERATION - What constitutes - Forbearance

Appeal by the plaintiff, Rosas, from the dismissal of her action against the defendants, Toca and Visaya, to enforce repayment of a loan. ... [read more]

Tuesday, June 26, 2018 @ 8:52 AM

Prejudgment interest: Challenges and solutions prejudgment_interest_sm

While the prejudgment interest (PJI) regime varies from jurisdiction to jurisdiction, all regimes have one thing in common — the rates are remarkably low, presently generally in the one per cent range, and without compounding. ... [read more]

Monday, June 25, 2018 @ 10:41 AM

Supreme Court’s TWU decision: an illiberal outcome Humanoids_sm.jpg

The Supreme Court of Canada’s Trinity Western decisions (Trinity Western University v. Law Society of Upper Canada 2018 SCC 33; Law Society of British Columbia v. Trinity Western University 2018 SCC 32) are being celebrated by many as a win for diversity. In truth, the “diversity” advanced by the majority’s reasons is not authentic diversity at all. ... [read more]

Monday, June 25, 2018 @ 10:21 AM

OBA casebook printing initiative assists access to justice, environment Justin Nasseri sm

Printing casebook pages double-sided may seem like a small step toward making civil proceedings more environmentally friendly, but it’s an initiative the Regional Senior Judges Council (RSJ Council) has made mandatory as of June 15 after receiving a proposal from the Ontario Bar Association (OBA) advocating for reduced paper use. ... [read more]

Monday, June 25, 2018 @ 8:45 AM

BARRISTERS AND SOLICITORS - Disqualification or removal

Application by the plaintiff Fereidooni to disqualify Gowlings LLP from acting for the defendant Burnham in this litigation. ... [read more]