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Civil Litigation

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Wednesday, April 10, 2019 @ 9:41 AM

‘Delivery’ not ‘controlled act’ under Regulated Health Professions Act: Ontario Court of Appeal Jonathan Lisus sm

An appeal regarding the “territorial restrictions on the legislative competence of Ontario regarding the dispensing of prescription eyewear” has been allowed by the Ontario Court of Appeal as it determined that “dispensing” eyewear, as defined under the Regulated Health Professions Act (RHPA), includes the “delivery” of that product to a patient or consumer. ... [read more]

Tuesday, April 09, 2019 @ 12:57 PM

Lenczner Slaght hires director of client operations

Lenczner Slaght announced that Ursula Dorosh is the firm’s new director of client operations. ... [read more]

Monday, April 08, 2019 @ 2:06 PM

Access to Justice: View from the trenches | Michael Lesage

As Ontario’s lawyers set to elect a new slate of benchers to Convocation, the oft-discussed, seldom addressed issue of access to justice has again entered into the conversation. Most agree that access to justice is a worthy (if aspirational and ill-defined) goal, that must be advanced and encouraged. However, the facts on the ground tell a different story, that of people being unable (or unwilling) to hire lawyers or to effectively assert their rights on their own. Conversely, lawyers continue their exodus from private practice, especially within the small firm setting (this despite the fact that more and more lawyers are being called to the bar). Clearly, something is amiss. ... [read more]

Monday, April 08, 2019 @ 11:11 AM

Independent pay commission recommends pay parity for military judges Victoria Lemieux-Brown

An independent judicial pay commission says Canada’s four military judges merit the same pay as their counterparts on other federally appointed courts — currently $329,900 per year for puisne judges — notwithstanding Ottawa’s arguments that there are already plenty of qualified applicants for the $229,793-per-annum military posts (as of 2014) that have required military judges to sit less than one week per month, on average. ... [read more]

Monday, April 08, 2019 @ 9:54 AM

B.C. Attorney General’s Office says auto insurance changes ‘constitutionally sound’ despite lawsuit

A group representing trial lawyers in British Columbia has opened a new salvo against the provincial government’s controversial changes to the publicly owned Insurance Corporation of British Columbia (ICBC), arguing a number of provisions brought into force last year are unconstitutional. In May 2018, the B.C. legislature adopted reforms to deal with a significant financial shortfall at ICBC, including a cap of $5,500 on minor injury claims, an increase in accident benefits and sending some matters to the province’s Civil Resolution Tribunal (CRT). ... [read more]

Monday, April 08, 2019 @ 5:54 AM

TELUS v. Wellman calls for legislative action | William Horton

Pity the Supreme Court of Canada. In TELUS Communications Inc. v. Wellman, [2019] S.C.J. No. 19, the court was called upon to choose between: Excluding tens of thousands of TELUS’ business customers from any effective remedy by keeping them out of a class action which would decide the exact same claims advanced by customers who are consumers; and stretching the words of s. 7(5) of the Arbitration Act beyond the meaning that the words literally bear. ... [read more]

Friday, April 05, 2019 @ 8:28 AM

CIVIL PROCEDURE - Pleadings - Amendment of - Statement of claim

Appeal by the Stoney Tribal Council from a case management order. ... [read more]

Thursday, April 04, 2019 @ 5:21 PM - Last Updated: Friday, April 05, 2019 @ 11:22 AM

SCC rules that Ontario business customers bound by arbitration clauses are barred from suing service providers  Michael Moldaver

The Supreme Court of Canada has ruled 5-4 that business customers of TELUS in Ontario can’t piggyback on a $520-million consumer class action for alleged cellphone overbilling because, under Ontario’s Arbitration Act 1991, they are bound by their TELUS service contracts to arbitrate their disputes rather than sue. ... [read more]

Thursday, April 04, 2019 @ 3:25 PM

CIVIL PROCEDURE - Parties - Class or representative actions - Stay of action due to parallel proceeding

Appeal by Telus Communications Inc. (Telus) from a judgment of the Ontario Court of Appeal affirming a decision that refused to stay business customers’ claims in a class action against Telus. ... [read more]

Thursday, April 04, 2019 @ 2:08 PM

B.C. civil rule amendment could cut costs, timelines considerably businessmansshakingguy.jpg

A very significant amendment to the British Columbia Supreme Court Civil Rules was enacted without warning on Feb. 11, 2019, in relation to expert reports in motor vehicle claims and personal injury actions. The amendment applies to all personal injury actions as of Feb. 1, 2010. ... [read more]