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Civil Litigation

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Friday, July 03, 2020 @ 11:57 AM

Steering clients correctly: Guide for dealing with spike in roadside legal problems Coplight

In Toronto alone, between March 23 and the first week of May, police reported a 594 per cent increase in stunt driving offences, the most infamous being the individual doing doughnuts in a black Ford Mustang in the middle of what is empirically Canada’s busiest intersection; Yonge and Dundas. During the Easter weekend, Vancouver police released footage of a vehicle being towed after clocking 93 kilometres per hour in a 30 zone. ... [read more]

Friday, July 03, 2020 @ 9:47 AM

Quebec justice makes ‘giant strides’ with addition of Digital Court Office, bar president says Paul-Matthieu Grondin

With its recent implementation of an online filing system, Quebec is joining the growing ranks of Canadian jurisdictions that are accelerating the technological shift in the justice system in the wake of the COVID-19 pandemic. The Digital Court Office of Quebec, launched in mid-June, will allow any person to file a pleading with the Quebec Superior Court and the Court of Quebec, a development widely embraced by Quebec’s legal community. ... [read more]

Friday, July 03, 2020 @ 5:50 AM

BARRISTERS AND SOLICITORS - Compensation - Solicitor’s lien - Statutory charging orders

Appeal by the plaintiff mortgagee from decisions of a chambers judge granting a conditional, and later a final, charging order to secure payment of legal fees owed to a law firm, BDP, against the property held by the mortgagor, BDP’s client. ... [read more]

Thursday, July 02, 2020 @ 2:14 PM

Modern approach to intervener status: Teksavvy Solutions Inc. v. Bell Media Inc. Joining a group

In the recent Federal Court of Appeal decision Teksavvy Solutions Inc. v. Bell Media Inc. 2020 FCA 108, the court considered motions from six parties to intervene. The court took a new and modern approach to granting interventions while commenting on the modernization of the legal system in light of the COVID-19 pandemic. ... [read more]

Thursday, July 02, 2020 @ 12:15 PM

Ontario ombudsman report highlights ‘appalling’ jail conditions, COVID-19 complaints Paul Dubé sm

Hailing the past 12 months as a “year like no other,” the Ontario ombudsman has released a fiscal 2019-20 report that highlights, among other things, his office’s handling of more than 800 COVID-19-related complaints and inquiries, about 600 Landlord and Tenant Board complaints and a record number of complaints about Ontario correctional facilities — more than 6,000. ... [read more]

Thursday, July 02, 2020 @ 9:32 AM

CIVIL LIABILITY - Misrepresentation in a prospectus

Appeal by the plaintiff from the dismissal of his application to certify his action as a class proceeding and the dismissal of the action. ... [read more]

Thursday, July 02, 2020 @ 8:55 AM

Canadian artists need better access to legal services: report Martha Rans

The legal requirements of artists in Canada have now reached a critical tipping point heightened by the COVID-19 pandemic. Action is required to address gaps, respond to the unique needs of the sector and provide information and training, according to a new report prepared by the National Network of Legal Clinics for the Arts. ... [read more]

Tuesday, June 30, 2020 @ 12:12 PM

Tips for safe, legal videoconferencing Maskwearingcomputeruser.jpg

Due to COVID-19 and social distancing, we now have no better alternative to videoconferencing. It has essentially become the new default for meetings, but this has brought about a very serious question as to whether Zoom or other videoconferences are safe for lawyers, doctors, government organizations and others to use.  ... [read more]

Tuesday, June 30, 2020 @ 9:47 AM

Blow up 2020 to start over in 2021 | Laurelly Dale

Canada Day is around the corner. I fondly remember a few years back flipping through my copy of Canada at 150: Building a Free and Democratic Society. I look forward to the sequel, Canada at 200: How Kenny vs. Spenny Became Canada’s First Dual Prime Ministers. I anticipate that it will contain at least two chapters devoted to the rapid transformation of our criminal justice system.  ... [read more]

Tuesday, June 30, 2020 @ 9:23 AM

Joint liability under Ontario Policy Change Form 44R: Third party’s policy ‘available’ Smashed car

In Tuffnail v. Meekes 2020 ONCA 340, the Court of Appeal addresses issues related to underinsured automobile coverage. The court interprets s. 7 of the Ontario Policy Change Form 44R — Family Protection Coverage (OPCF 44R) endorsement. ... [read more]