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Civil Litigation

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Tuesday, March 13, 2018 @ 8:41 AM

CIVIL PROCEDURE - Lis pendens (certificate of pending litigation) - Vacating of

Appeal by Sun Wave and CGR from the dismissal of their claims against Xu et al for want of prosecution, and from the cancellation of certain certificates of pending litigation (CPL). ... [read more]

Tuesday, March 13, 2018 @ 8:41 AM

Balancing fairness, efficiency under International Commercial Arbitration Act fairness_efficiancy_sm

​​​​The new International Commercial Arbitration Act of Ontario contains a mechanism for the correction and interpretation of an award and provisions allowing the arbitral tribunal to make additional awards. The Act adopts the UNCITRAL Model Law which has also been adopted by a number of other foreign jurisdictions. ... [read more]

Monday, March 12, 2018 @ 1:06 PM

Ottawa owes apology to B.C. couple after malicious tax prosecution ruling: lawyer  Steven Kelliher

A B.C. Supreme Court justice has ordered the Canada Revenue Agency (CRA) to pay more than $1 million after he ruled the agency was responsible for the malicious prosecution of a couple for alleged tax evasion, a decision experts say speaks to an underlying culture of distrust at the national tax collector which needs to be addressed. ... [read more]

Monday, March 12, 2018 @ 9:04 AM

Decision clarifies rules on communication of documents outside Quebec blocked_communication_sm

The Superior Court in Elie v. Ouimet 2018 QCCS 522 dismissed an application for the execution of a rogatory commission at the request of a U.S. court on the grounds that Quebec’s Business Concerns Records Act (BCRA) prohibited communication of documents and oral testimony regarding the handling of those documents. ... [read more]

Monday, March 12, 2018 @ 8:50 AM

Rush to adapt misses the profession’s biggest problem: Unrepresented litigants | Julius Melnitzer

Even genuine self-examination runs the risk of succumbing to navel gazing. So it is with the legal profession these days. Never before have lawyers been so caught up in rapid change. And never before have they taken such a long, hard look at themselves. But in the frenzy to get it all right, the profession is effectively ignoring the biggest, most immediate problem staring down our legal system: the unrepresented litigant. ... [read more]

Friday, March 09, 2018 @ 12:23 PM

Nova Scotia appeal ends battle of cardiologist who lost research privileges Peter_Rogers_sm

The failed appeal of a doctor unsatisfied with a $1.4 million award for being stripped of research privileges shows an “unwillingness” of courts to fall for “artificial contracts,” said a lawyer involved in the case. ... [read more]

Thursday, March 08, 2018 @ 10:27 AM

International Women’s Day a call to arms for lawyers | Leanne Townsend

It’s International Women’s Day 2018 and it’s a great time to be a woman. There is an energetic movement underway resulting from the momentum of the #MeToo and #TimesUp campaigns. Women are joining forces and banding together in unprecedented ways, holding men who have abused their power accountable and demanding equal treatment. ... [read more]

Thursday, March 08, 2018 @ 7:56 AM

Ontario needs legislative reform to tackle gender-based violence, lawyer says Elizabeth Grace sm

Building on action plans to end domestic abuse and sexual harassment, the Ontario government has launched a gender-based violence strategy aimed at prevention and providing survivors with more support. ... [read more]

Wednesday, March 07, 2018 @ 8:45 AM

Wellness: Being a witness turned me into a lawyer with empathy | Darryl Singer

This column is about listening, learning, developing empathy and compassion as a lawyer. ... [read more]

Tuesday, March 06, 2018 @ 12:26 PM

Experts weigh in on summary judgment motions at Toronto Lawyers Association panel

When the Supreme Court created the “culture shift” toward the expanded use of summary judgments in Hryniak v. Mauldin 2014 SCC 7, it appeared to set the standard for a quicker, simpler, cheaper way of delivering justice. What has actually happened, however, hasn’t been quite so simple. ... [read more]