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Civil Litigation

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Thursday, December 19, 2019 @ 11:17 AM

Big week for tax and the Constitution | James Alvarez

Canadian tax law has few day-to-day interactions with the Constitution. Most tax matters do not engage prescribed rights and while taxpayers occasionally attempt to overturn rules, the courts rarely intervene. However, the Federal Court and Supreme Court released two very different decisions this week at the intersection of tax and constitutional law. ... [read more]

Wednesday, December 18, 2019 @ 6:26 AM

SALE OF LAND - Agreement of purchase and sale - Breach of - Specific performance

Appeal by the defendant from summary judgment granting the respondent purchaser specific performance of an agreement of purchase and sale. ... [read more]

Wednesday, December 18, 2019 @ 6:26 AM

CIVIL PROCEDURE - Class or representative actions - Certification

Appeal by Burke from a decision refusing to convert his application for judicial review into an action and to certify it as a class proceeding. ... [read more]

Tuesday, December 17, 2019 @ 4:52 PM

Bar lauds new Liberal plan to fix miscarriages of justice but slams inaction on mandatory penalties David Lametti

Lawyers are expressing disappointment that fixing mandatory minimum penalties (MMPs) is not on the federal government’s new list of justice priorities, but they are also welcoming Liberal commitments to stump up more cash to hire judges and Crowns and to create an independent body to review allegedly wrongful convictions. ... [read more]

Tuesday, December 17, 2019 @ 2:29 PM

Ruling questions default prejudgment interest on non-pecuniary damages Scissors cutting money

In MacLeod v. Marshall 2019 ONCA 842, the Court of Appeal confirmed that Ontario courts have discretion when setting the prejudgment interest (PJI) rates for non-pecuniary damages arising from personal injury actions, thereby signalling a possible shift away from the default rule of five per cent PJI as contemplated by Rule 53. ... [read more]

Tuesday, December 17, 2019 @ 1:09 PM

Singapore Convention a big boost for international mediation global_handshake_sm

The mediation of commercial disputes has been common practice in North America for several years, but its popularity has lagged elsewhere, particularly for cross-border disputes. That may change as this past August, the United Nations Convention on International Settlement Agreements resulting from Mediation opened for signature. ... [read more]

Tuesday, December 17, 2019 @ 11:30 AM

Ontario teachers unions launch Charter challenge amid ongoing contract talks Susan Ursel

Amid negotiations for the renewal of collective agreements in Ontario’s education sector, the province’s four unions representing teachers and support staff joined forces on Dec. 12 to launch a Charter challenge against the Ontario government’s newly passed legislation they claim violates their rights to unrestricted collective bargaining. ... [read more]

Tuesday, December 17, 2019 @ 10:48 AM

New civil litigation associate for St. Lawrence Barristers

St. Lawrence Barristers LLP announced that Lilianne Cadieux-Shaw has joined the firm as an associate.  ... [read more]

Tuesday, December 17, 2019 @ 9:22 AM

Statutory interpretation and ‘ordinary meaning’ of words ordinary_words_sm

One of the ways in which Canadian courts interpret legislation is to analyze the “ordinary meaning” of words. Reference is made to the reader’s first impression of the language, i.e. the meaning that at once comes to mind. ... [read more]

Tuesday, December 17, 2019 @ 6:18 AM

ENFORCEMENT AND PROCEDURE - Civil actions

Appeal by Olumide from an order dismissing his action against the British Columbia Human Rights Tribunal. ... [read more]