Focus On

Civil Litigation


Friday, November 29, 2019 @ 12:08 PM

With temporary support order appeals stopped, meritorious appeals must wait Hand blocks man

Recently, a panel of the Divisional Court released reasons for denying leave to appeal (which is notably unusual for them) and sent a strong message to the family law bar to stop the continuing pattern of applying for leave to appeal temporary support orders as a matter of course. ... [read more]

Friday, November 29, 2019 @ 10:58 AM

Ruling quashing student fees initiative highlights limits of executive power, counsel says Geetha Philipupillai sm

An Ontario Divisional Court decision overturning a government initiative to allow students to opt out of student association fees is being lauded by counsel as reflective of the “core public law principles regarding the limits to executive power.” ... [read more]

Friday, November 29, 2019 @ 9:04 AM

Environmental group challenging Alberta inquiry says it is being brought for ‘improper purpose’ Devon Page

An environmental law group is taking the Alberta government to court over a controversial inquiry established to look at supposed foreign influence in campaigns against its oil and gas sector, saying it is being done for political reasons aimed at harming the reputation of those who may be opposed to energy development in the province. ... [read more]

Friday, November 29, 2019 @ 8:06 AM

PROCEEDINGS - Jurisdiction of courts

Appeal by the employer from the dismissal of its application for a single forum anti-suit injunction to restrain Arlint and the Alberta Workers’ Compensation Board from continuing an action in BC. ... [read more]

Thursday, November 28, 2019 @ 5:23 PM

‘Watershed’ SCC judgment rules provincial law governs maritime contractual dispute over liability Daniele Dion

In what counsel are calling a “watershed” maritime law ruling, the Supreme Court of Canada has ruled 9-0 that Quebec contract law, not federal maritime law, applies to a contract formed in Quebec for the purchase of ship engine parts that were discovered much later to be defective. ... [read more]

Thursday, November 28, 2019 @ 2:08 PM

DIVISION OF POWERS - Navigation and shipping - Property and civil rights - Determination of jurisdiction

Appeal from a judgment of the Quebec Court of Appeal holding the defendants Wärtsilä Nederland B.V. and its Canadian division, Wärtsilä Canada Inc. (“Wartsila”) liable for latent defects in ship engine parts sold to the plaintiff Transport Desgagnés Inc. (“TDI”), but limiting its liability to €50,000 pursuant to a limitation of liability clause in the contract. ... [read more]

Thursday, November 28, 2019 @ 1:56 PM

Capacity for powers of attorney: A legal test brain_gears_sm

Last month we looked at the capacity for a will. Now we will look at the capacity for powers of attorney, mainly the power of attorney for property and power of attorney for personal care. ... [read more]

Thursday, November 28, 2019 @ 10:42 AM

Federal Court approves $26 million-plus legal tab for groundbreaking class action against military Justice_Simon_Fothergill

The Federal Court has approved payment of almost $27 million, plus disbursements, to the consortium of five law firms who achieved a pioneering national settlement with Ottawa of up to $900 million to help compensate Canadian Armed Forces (CAF) and Department of National Defence (DND) personnel subjected to on-the-job sexual misconduct. ... [read more]

Thursday, November 28, 2019 @ 8:51 AM

Two sides of same coin: Derivative action and oppression remedy looney_sides_sm

One of the most fundamental principles of Canadian corporate law is that a corporation has a legal personality distinct from its shareholders. At common law, shareholders were precluded from bringing their own action in respect of a wrong done to the corporation. Even majority or controlling shareholders had no personal cause of action for a wrong done to the corporation (Foss v. Harbottle (1843), 67 E.R. 189, 2 Hare 461 (Eng. V.C.)). ... [read more]

Thursday, November 28, 2019 @ 6:27 AM

CONFLICTS BY LEGAL AREA - Divorce, including recognition of foreign divorce

Appeal by the husband from summary judgment declaring the parties’ Russian divorce invalid. ... [read more]