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Civil Litigation

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Tuesday, July 17, 2018 @ 10:07 AM

JUDICIAL REVIEW AND STATUTORY APPEAL - Standard of review - Reasonableness

Application by an auction house for judicial review of a Canadian Cultural Property Export Review Board decision to delay the issue of an export permit. ... [read more]

Tuesday, July 17, 2018 @ 8:58 AM

International Association of Defense Counsel pushes for class action reform in Ontario Gordon McKee sm

The International Association of Defense Counsel (IADC) has thrown its hat into the ring for class action reform in Ontario after the Law Commission of Ontario (LCO) released a call for consultation in its review of the Class Proceedings Act. The LCO’s review, which was launched in October 2017, is the first independent, evidence-based evaluation of the Act since it was enacted in 1993. When the law commission’s call for consultation went out in March 2018, the IADC sent in a list of recommendations in support of reform. ... [read more]

Monday, July 16, 2018 @ 10:34 AM

Cooper named new CEO of Cox & Palmer

Cox & Palmer announced the appointment of George L. Cooper as chief executive officer effective July 1. ... [read more]

Monday, July 16, 2018 @ 9:13 AM

The importance of parsing the process of dying lifesupport_sm.jpg

TV and movies make us think that death happens in a precise moment. A person takes their last breath and collapses, and just like that, they are gone. It should come as no surprise that the entertainment industry does not always portray medical issues accurately. (I was recently fascinated to learn that not all stabbing and shooting victims bleed much externally). ... [read more]

Monday, July 16, 2018 @ 9:03 AM

CIVIL PROCEDURE - Parties - Third party procedure - Striking out or setting aside

Application by the third party law firm Ahlstrom, Wright, Oliver & Cooper LLP (AWOC) to strike the third party notice. The 139 plaintiffs in the action were survivors of sexual abuse perpetrated on them by a teacher or social worker who were employees of the government of the Northwest Territories when they committed their crimes. ... [read more]

Friday, July 13, 2018 @ 3:45 PM

CIVIL EVIDENCE - Documentary evidence - Medical records

Appeal by the Province of British Columbia (Province) from a judgment of the British Columbia Court of Appeal affirming a decision finding that databases collected by the Province containing health care information were compellable in the context of the Province’s claim against Philip Morris International Inc. (Philip Morris) and other tobacco companies for the cost of health care benefits. ... [read more]

Friday, July 13, 2018 @ 1:42 PM

B.C. health care data non-compellable in tobacco lawsuit, SCC rules Justice Russell Brown sm

In a unanimous ruling, on July 13 the Supreme Court of Canada allowed an appeal from the Province of British Columbia to protect health databases from being compelled in an action it started to recover expenses from tobacco manufacturers under the Tobacco Damages and Health Care Costs Recovery Act. In British Columbia v. Philip Morris International, Inc. 2018 SCC 36, Justice Russell Brown wrote that the order from the courts below erred by finding that the databases were not protected by s. 2(5)(b) of the Act. ... [read more]

Friday, July 13, 2018 @ 9:26 AM

Lawyer hopeful recommendations will improve Saskatchewan’s coroner’s office Aaron_Fox_sm

A prominent Saskatchewan lawyer is lauding a call for more money and additional staff to speed up that province’s sluggish coroner’s office. Lawyer Aaron Fox is hoping recommendations in former police chief Clive Weighill’s external review of Saskatchewan’s Office of the Chief Coroner ­— if put into action — will help lawyers and their clients get timelier cause-of-death information. Weighill’s report, commissioned by Saskatchewan’s Ministry of Justice last year and released June 20, makes 44 recommendations for a system criticized as lacking depth, thoroughness and speed. ... [read more]

Thursday, July 12, 2018 @ 11:17 AM

Alberta court seeking input on proposed pilot project to speed up civil trials

Alberta’s Court of Queen’s Bench has proposed a pilot project to promote resolution and reduce lead times in civil trials in Edmonton and Calgary, and it is encouraging feedback from the bar and the public on the proposals. The court is proposing to revoke the suspension of Rules 8.4(3)(a) and 8.5(1)(a) of the Alberta Rules of Court, which require parties who request a trial date to participate in a dispute resolution process and a judge be satisfied that the parties have participated in a process, respectively. ... [read more]

Thursday, July 12, 2018 @ 9:58 AM

PROCEEDINGS - Practice and procedure - Costs - Considerations

Appeal by the plaintiff purchaser from a summary judgment awarding damages and no costs. The defendant vendors refused to close a transaction for the plaintiff to purchase their property. ... [read more]