Focus On

Civil Litigation


Tuesday, May 07, 2019 @ 2:34 PM

Regulated conduct defence clarified in Court of Appeal decision, counsel says Linda Visser sm

The Ontario Court of Appeal’s dismissal of an appeal for a proposed class action against the Liquor Control Board of Ontario (LCBO) provides guidance on the scope of the regulated conduct defence, counsel said, “including in situations where the legislation is passed retroactively.” ... [read more]

Tuesday, May 07, 2019 @ 12:26 PM

Liberals mum on if federal court judges who are Quebec bar members can apply for SCC vacancy Leonid Sirota

Applications close May 17 for the impending Quebec vacancy on the Supreme Court of Canada, but the government of Canada is not saying whether it would consider applications from Quebec judges of the Federal Court, Federal Court of Appeal and Tax Court who also are members of the Quebec bar. ... [read more]

Tuesday, May 07, 2019 @ 9:30 AM

No obligation to disclose violent history of home in sale process: B.C. Appeal Court

The B.C. Court of Appeal has overturned a lower court decision that said the owner of a house where a murder had occurred committed fraudulent misrepresentation by not sharing that information with a potential buyer when the property was put up for sale. The case of Wang v. Shao 2019 BCCA 130 involves the sale of a house in the Shaughnessy area of Vancouver. ... [read more]

Tuesday, May 07, 2019 @ 8:34 AM

CIVIL PROCEDURE - Class or representative actions - Certification

Appeal by the defendants from the certification of the action as a class proceeding. ... [read more]

Tuesday, May 07, 2019 @ 8:32 AM

AUTOMOBILE INSURANCE - Benefits to insured student

Appeal by the insurer from a decision of the Automobile Injury Appeal Commission finding that the insured G was entitled to a loss of studies benefit under s. 121 of The Automobile Accident Insurance Act, to be paid based on her studying at a post-secondary level of education. ... [read more]

Tuesday, May 07, 2019 @ 8:30 AM

POLITICAL PARTIES - Practice and procedure - Standing

Application by the Progressive Conservative Caucus of Nova Scotia (PCCNS) to amend its Notice of Appeal. ... [read more]

Monday, May 06, 2019 @ 11:16 AM

How Ford makes crime victim compensation easier | Sam Goldstein

Premier Ford’s government is taking a lot of criticism for changes to the justice sector. The recent Ontario budget announced a 30 per cent reduction in Legal Aid Ontario (LAO) funding and eliminated certificates for refugee hearings altogether. A Toronto Star headline claimed victims of crime are about to be stiffed in compensation by the Ontario budget; and, the CBC proclaimed that the Ontario Progressive Conservatives were immunizing themselves from civil liability with proposed changes to the Proceedings Against Crown Act (PACA). ... [read more]

Monday, May 06, 2019 @ 9:12 AM

MARITAL PROPERTY - Practice and procedure - Courts - Jurisdiction

Application by the respondent Hill to add a third-party negligence claim to an existing family law proceeding. ... [read more]

Monday, May 06, 2019 @ 8:36 AM

Access to justice without access to funding: legal aid cuts | Kelly Goldthorpe

“If they actually looked into it, there is more money being spent on lawyer fees and less cases. The people that actually need the system to help them, they aren’t getting the proper support. We have to hold these people accountable. When there’s more money to the lawyers and less money to the people, I’ve got an issue with it.” — Ontario Premier Doug Ford, April 22, 2019. ... [read more]

Friday, May 03, 2019 @ 5:15 PM

SCC rules that Quebec franchisee was ‘employee’ and not independent contractor under labour law Justice Rosalie Silberman Abella

In a judgment of note nationally to participants in franchised businesses, the Supreme Court of Canada has provided guidance on when franchisees are “employees” of franchisors — rather than independent contractors — under Quebec’s labour laws. ... [read more]