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Civil Litigation

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Thursday, January 31, 2019 @ 8:47 AM

ENVIRONMENTAL LIABILITY - Water environmental offence - Discharge of pollutant

Appeal by the Crown from a $5,000 fine imposed for impairing the water quality under the Ontario Water Resources Act. ... [read more]

Wednesday, January 30, 2019 @ 8:25 AM

Oppression Remedy: The two-step BCE Test explained unfair_fight_sm

The oppression remedy is easy to claim. A claimant must only meet the low bar of unfairness. As it appears to arise from any unwelcome conduct, and the breadth of the statutory language makes it easy to apply to a broad range of conduct, it can be appended to any corporate misconduct claim. It is typically used in actions involving closely held corporations. ... [read more]

Monday, January 28, 2019 @ 2:12 PM

Harper Grey adds two partners

Scott Marcinkow and Joel Morris have joined the partnership of Harper Grey LLP. ... [read more]

Monday, January 28, 2019 @ 8:57 AM

Homebuyers beware: Sellers could be eavesdropping listening_in_sm

In mid-January, Juliana Webster, a real estate agent based in Hamilton, talked to the CBC about two of her clients using audio and video surveillance to eavesdrop on potential home buyers. ... [read more]

Monday, January 28, 2019 @ 8:55 AM

REGULATION OF PROFESSION - Disciplinary procedure - What constitutes misconduct

Appeal by the solicitor from a decision of the Law Society review panel finding the appellant guilty of professional misconduct and confirming his five-month suspension. ... [read more]

Friday, January 25, 2019 @ 4:19 PM - Last Updated: Friday, January 25, 2019 @ 4:58 PM

Supreme Court rules ‘Henson’ trust does not limit disabled beneficiary’s access to social assistance Michael_Feder

In a positive decision for persons with disabilities, the Supreme Court of Canada has pronounced for the first time on the discretionary “Henson trusts” long used to set aside money or property for the benefit of persons with disabilities in a way that doesn’t jeopardize the trust beneficiaries’ eligibility for means-tested social assistance. ... [read more]

Friday, January 25, 2019 @ 2:43 PM

Seeking justice for the sake of Justice Horse

One hundred thousand dollars in U.S. funds. That is the amount of money that an 8-year-old horse and his new guardian have sued for in Oregon. ... [read more]

Friday, January 25, 2019 @ 9:44 AM

When to protect tax information as legal advice combination_safe_sm

In Canada (MNR) v. Atlas Tube Canada ULC 2018 FC 1086 [Atlas Tube] the Federal Court held that the Canada Revenue Agency was entitled to receive an accounting due diligence report undertaken by a taxpayer in the context of a 2012 corporate acquisition. In doing so the Federal Court took an expansive view of the field of taxpayer information available to the CRA, implicitly underscoring an important advantage that lawyers bring to multidisciplinary teams working on corporate transactions, namely solicitor-client privilege. ... [read more]

Thursday, January 24, 2019 @ 11:38 AM

Pesticides and products liability: American success, Canadian challenge Cropduster.jpg

In August 2018, a verdict of a California jury in Johnson v. Monsanto found Monsanto liable to a groundskeeper who said the company’s weedkiller, Roundup (active ingredient glyphosate), caused his cancer. The jury awarded DeWayne Johnson US$289 million in damages, later reduced to US$78 million by the judge on an appeal by the company. ... [read more]

Thursday, January 24, 2019 @ 10:20 AM

SCC to look at constitutionality of genetic discrimination ban nixed by ex-AG Canada but supported by new AG David Lametti

Canada’s new Attorney General David Lametti voted to create a federal ban on genetic discrimination two years ago that the then-Attorney General, Jody Wilson-Raybould, vigorously argued — and the Quebec Court of Appeal later agreed — is not a constitutionally valid exercise of Ottawa’s criminal law power. ... [read more]