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Civil Litigation

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Wednesday, September 27, 2017 @ 9:36 AM

Quebec's top court emphasizes deadlines in release of three appeal decisions

In the prime ruling, the Appeal Court found that all parties in litigation, including judges, must contribute to the speed of the process and the creation of a new litigation culture without losing sight of a litigant's right to be heard and access to justice. ... [read more]

Wednesday, September 27, 2017 @ 8:44 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Common interests and issues

Appeal by the plaintiffs from the refusal to certify their action as a class proceeding. ... [read more]

Monday, September 25, 2017 @ 1:16 PM

Bad behaviour can turn a winning litigant in a family law dispute into a loser Litigation costs

The general rule is that a successful party is entitled to costs from the court action. But not always. Cost orders have also become a tool used by judges to reward reasonable conduct and penalize misconduct. ... [read more]

Monday, September 25, 2017 @ 8:41 AM

CIVIL PROCEDURE - Trials - Jury trials - Right to jury

Appeal by the plaintiff, the Trial Lawyers Association of British Columbia, from a summary trial ruling dismissing its petition for constitutional relief. ... [read more]

Thursday, September 21, 2017 @ 12:32 PM

Ontario court decision on insurance limitation periods is one to watch

The province's highest court recently ruled that insurers are not obligated to advise insureds about the applicable limitation period when denying benefits. But it suggested that the legislature may want to consider imposing such a requirement, which is the case in Alberta and B.C. ... [read more]

Wednesday, September 20, 2017 @ 12:05 PM

'Saskatchewan’s turn' for SCC judge some say after nominations close for western vacancy Georgina Jackson

Saskatchewan is overdue to be represented on the Supreme Court as it’s been 55 years since its last appointment to the top court, say lawyers from the prairie province. ... [read more]

Wednesday, September 20, 2017 @ 8:36 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Certification

Appeal by the defendants from an order certifying the action as a class proceeding. ... [read more]

Tuesday, September 19, 2017 @ 3:07 PM

CRIMINAL INJURY COMPENSATION - Appeals and judicial review - Entitlement

Appeal by Johnson from a decision of the Alberta Criminal Injuries Review Board (Board) denying him benefits for injuries he suffered as a result of a crime. ... [read more]

Monday, September 18, 2017 @ 2:28 PM

OIL AND GAS - Exploration - Pre-trial procedures - Preliminary determinations - Question of law

Appeal by Northrup from a pre-trial determination of a question of law. The respondent Windsor Energy Inc. (Windsor) conducted seismic testing along a provincial highway right-of-way within a municipal boundary. ... [read more]

Monday, September 18, 2017 @ 2:18 PM

BANKRUPTCY & INSOLVENCY PROCEEDINGS - Appeals and judicial review - Practice and procedure - Effect on other proceedings - Courts - Jurisdiction - Stays - Pending concurrent proceedings

Application by the Alberta Energy Regulator and the Orphan Well Association for a stay of the enforcement of a majority decision of the Alberta Court of Appeal pending appeal to the Supreme Court of Canada. ... [read more]