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Civil Litigation


Thursday, April 04, 2019 @ 12:02 PM

Protest injunctions must indicate presence of journalists, lawyers say following appeal decision Allison_Conway_sm

Those requesting injunctions against protests must act in “good faith” by identifying to the court any working journalists covering such events, says the lawyer of a Newfoundland reporter cleared of civil contempt for being at an illegal Indigenous demonstration. ... [read more]

Wednesday, April 03, 2019 @ 11:06 AM

Canadian judges’ fear that disclosing their expenses might endanger them not borne out by Irish judges’ experience David Lametti

Irish judges, whose travel and business expenses have been disclosed to the public for several years, have not been targeted unfairly as a result by media criticism, nor seen their personal security imperiled by disgruntled litigants — an Irish court spokesperson has told The Lawyer’s Daily. ... [read more]

Tuesday, April 02, 2019 @ 1:59 PM

Decision nixing arbitration reflects need for efficient class actions, says lawyer Bob_Buckingham_sm

An appeal decision in Newfoundland allowing a group of residents to take a paper mill to court instead of individual arbitration over damage to their homes reflects the efficiency needed in “today’s climate” of class action litigation, says a lawyer. ... [read more]

Tuesday, April 02, 2019 @ 9:49 AM

Hotlines help with access to justice issues: legal organizations Patricia Byrne, People's Law School

Legal organizations and thinkers throughout Canada are grappling with ways to help people get the legal information they require in the face of significant access to justice issues. And people in British Columbia and Ontario may be able to get answers to their questions by simply picking up a telephone. ... [read more]

Tuesday, April 02, 2019 @ 9:08 AM

Access to Justice: Looking at the people behind the labels | Beverley McLachlin

Access to justice has two sides — one procedural, one substantive. The procedural side is concerned with giving people access to the legal information and legal services that they need — their hour with a lawyer or their day in court. The substantive side is concerned with ensuring that they access real justice once they are in the system.   ... [read more]

Monday, April 01, 2019 @ 2:41 PM

Wellness: Whatever happened to lawyer-client privilege? | Darryl Singer

As I write this, the U.S. news media, both left and right, is agog about Michael Cohen’s testimony before the U.S. Congress. Mr. Cohen, former lawyer for both Trump Corporation and Mr. Trump personally, shared the most intimate details he learned about the president during his stint as attorney for Trump. Closer to home, I hear young lawyers, in very public places and in very loud voices, discussing confidential and identifying information of a very sensitive nature. ... [read more]

Monday, April 01, 2019 @ 2:15 PM

Former Quebec Superior Court chief justice joins Langlois as senior counsel

Langlois lawyers announced on April 1 that François Rolland is joining its litigation group as senior counsel, mediator and arbitrator. ... [read more]

Monday, April 01, 2019 @ 1:43 PM

Self-represented lawyers receive same treatment as lay people in cost awards, court rules Eli Karp sm

The Ontario Court of Appeal determined, in an appeal on a costs award, that when the self-represented party is a lawyer, they “will be treated in substantially the same way as any other self-represented litigant.” The decision, counsel said, shows that in costs awards a lawyer’s “time is recoverable, but not at counsel rates.” ... [read more]

Monday, April 01, 2019 @ 1:06 PM

PROCEEDINGS - Appeals and judicial review - Scope of review

Motion by the parties to an appeal for directions. ... [read more]

Friday, March 29, 2019 @ 9:11 AM

For restrictive covenants, perpetuity means 40 years housing_contract_sm

A new restrictive covenant case has struck down the enforceability of a perpetual restrictive covenant: see Andrews v. Rago 2019 ONSC 800. ... [read more]