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Civil Litigation

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Wednesday, May 09, 2018 @ 1:28 PM

Want to record an independent medical exam? Better have good cause twomansilhouette

Lipovetsky v. Sunlife 2018 ONSC 1664 is a recent decision in which a plaintiff asked the court to order that she be allowed to audio record a doctor during an IME. Madam Master Karen E. Jolley decided there was enough evidence to exercise her discretion and allow the plaintiff to have a support person present for the defence medical, so long as the accompanying person did not participate or interject. ... [read more]

Tuesday, May 08, 2018 @ 12:11 PM

Langlois grows team in Quebec

Langlois lawyers has expanded its Quebec legal team. Sophie Hébert, Xavier Berwald-Grégoire and Mélissa Bazin have joined the Montreal office, while Vincent Tremblay, Marie-Pier Auger and Virginie Beauchemin are now part of the Quebec City operations. ... [read more]

Tuesday, May 08, 2018 @ 6:47 AM

N.B. new Chief Justice, other judges and staff stay calm and carry on as rising flood waters infiltrate court house Fredericton’s Justice Building

Dealing with a natural disaster is not normally on a new chief justice’s to-do list, but Chief Justice of New Brunswick Marc Richard is rising to the occasion — as are the province’s judges and court staff. ... [read more]

Monday, May 07, 2018 @ 12:57 PM

Lenczner Slaght adds associate

There is a new associate at Lenczner Slaght Royce Smith Griffin LLP. ... [read more]

Monday, May 07, 2018 @ 8:43 AM

CIVIL LIABILITY - Secondary market disclosure - Defences

Appeal by the plaintiff from the dismissal of some of his claims as statute-barred. ... [read more]

Monday, May 07, 2018 @ 6:41 AM

Federal Court ruling sparks renewed criticism of NAFTA investor-state dispute resolution Lisa Mitchell

A Federal Court ruling in favour of an American company that is seeking millions in damages from Canada has prompted environmental groups to renew their calls for Ottawa to push to scrap the NAFTA Chapter 11 investor-state dispute resolution system during the ongoing free trade renegotiations with the United States and Mexico. ... [read more]

Friday, May 04, 2018 @ 9:33 AM

Stealth in a Mareva injunction: Ontario’s first ex parte appeal frozen_money_sm

The Mareva injunction is the best tool available for victims of fraud by ensuring that a defendant’s assets do not vanish before a plaintiff can collect on a judgment. Especially in the context of an alleged fraud, Marevas are typically sought ex parte — without notice — to the defendants. It is not difficult to see why. If given advanced notice that their accounts may be frozen, accused fraudsters may dissipate their assets leaving themselves judgment proof and their victims without recourse. ... [read more]

Friday, May 04, 2018 @ 8:35 AM

Nondisclosure agreements revisited in the wake of #MeToo womanandmanshakinghands_sm.jpg

Private settlement agreements in wrongful dismissal claims typically require that the claimant agree to maintain strict confidentiality regarding settlement terms. However, in contentious wrongful dismissal litigation, some employers seek to impose broad nondisclosure terms that extend well beyond the terms of settlement, but in fact, seek to silence the claimant from revealing or discussing embarrassing facts or allegations underlying the legal claim. Until recently, such confidentiality restrictions have not been highly contentious or controversial. ... [read more]

Friday, May 04, 2018 @ 8:28 AM

CIVIL PROCEDURE - Stay of action - Another proceeding pending

Appeal by Onion Lake Cree Nation from the dismissal of its application to stay an application by Stick and the Canadian Taxpayers Federation (CTF). ... [read more]

Thursday, May 03, 2018 @ 9:29 AM

B.C. modernizes class action legislation; group looking into same for Ontario Craig Ferris, Lawson Lundell LLP

British Columbia has made changes to modernize its legislation on class action proceedings, and a law reform group is looking into whether Ontario should take similar steps. ... [read more]