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Civil Litigation

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Monday, November 16, 2020 @ 11:09 AM

Norton Rose names new global head of litigation, disputes

Norton Rose Fulbright’s global chief executive Gerry Pecht announced on Nov. 16 that Richard Krumholz has been appointed as the law firm’s new global head of litigation and disputes.  ... [read more]

Monday, November 16, 2020 @ 9:03 AM

GOVERNMENT ASSISTANCE PROGRAMS - Social assistance - Recovery from recipient - Overpayments

Application by Cann for leave to appeal an order by the Social Services Appeal Board confirming a decision to claw back income assistance benefits. ... [read more]

Monday, November 16, 2020 @ 8:02 AM

Despite setback, plaintiffs in climate constitutional challenge plan to move forward Chris Tollefson, Tollefson Law Corp.

Plaintiffs in a landmark case alleging the federal government’s response to greenhouse gases is a violation of their Charter rights are pledging to continue the fight despite a court loss which said their claim did not disclose a reasonable cause of action. In La Rose v. Canada 2020 FC 1008, Federal Court Justice Michael Manson granted the federal government’s motion to strike the statement of claim, writing that “there are some questions that are so political that the courts are incapable or unsuited to deal with them.” ... [read more]

Friday, November 13, 2020 @ 4:51 PM

SCC rules in favour of Hydro-Québec, allows second power line on people’s property Justice Suzanne Côté

Canada’s top court has found nothing prevents Hydro-Québec from relying on servitude agreements from the 1970s to build an additional powerline on people’s property between two of its transformer stations, shooting down the landowners’ argument the utility was limited to one line. ... [read more]

Friday, November 13, 2020 @ 9:27 AM

Decision illustrates dangers of tunnel vision Tunnel Vision

An allegation or criminal wrongdoing has impact beyond the criminal court. Impacts in civil law, reputational damage and professional regulation are all affected. While many of these take a back seat while a criminal prosecution is ongoing, there may be duties to provide information. For example, where the criminal action involved a motor vehicle accident, there may be reporting requirements under provincial highway safety law, or requirements to make statements to insurers. ... [read more]

Friday, November 13, 2020 @ 6:24 AM

BINDING ARBITRATION - Legislation - Interpretation - Jurisdiction of the court to review

Motion by Toronto Standard Condominium Corp. No. 1628 (Condo 1628) to quash the appeal brought by Toronto Standard Condominium Corp. No. 1636 (Condo 1636), Soho Grand Condominiums and Soinco Ltd. from an order of a motion judge that refused to stay a court proceeding in favour of arbitration. ... [read more]

Thursday, November 12, 2020 @ 1:22 PM

More on paralegals: Trading one problem for another | Gary Joseph

After years of struggling against the tide of reputational putdowns of the practice of family law, the profession and a large segment of the consuming public has come to realize that the practice of family law is one of the most complex practice areas of the law. In this context then, I consider some recent suggestions that family lawyers may become or have become unnecessary and unwanted participants in family law disputes. This draws me into, once again, one of my rants about independent paralegal practices of family law. ... [read more]

Thursday, November 12, 2020 @ 12:57 PM - Last Updated: Friday, November 13, 2020 @ 12:35 PM

Kids, classes and COVID: Case law regarding parental conflict over school attendance during pandemic COVID mask and school materials

Many separated and divorced parents have faced wrenching decisions about their children’s schooling this fall, due to the COVID-19 pandemic. ... [read more]

Thursday, November 12, 2020 @ 12:21 PM

Lawson Lundell adds Vancouver associate

Lawson Lundell announced that Özge Yazar has joined the firm as an associate in the Vancouver office’s litigation and dispute resolution group. Yazar initially joined the firm as an articling student. ... [read more]

Thursday, November 12, 2020 @ 10:50 AM

Chopsticks, hopscotch, J.Lo, Henein’s fireside chat | Adriana Ortiz

Diversity and inclusion is a very meaningful topic for me as a criminal defence lawyer who studied and practised abroad. ... [read more]