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Civil Litigation

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Monday, June 22, 2020 @ 10:21 AM

CIVIL PROCEDURE - Summary judgments - No triable issue

Appeal by the plaintiff from summary judgment striking his claim of constructive trust arising from unjust enrichment. ... [read more]

Friday, June 19, 2020 @ 3:19 PM

Construction materials supplier must disclose customer information: Roofmart’s arguments Bank account passbook

The case of Roofmart Ontario Inc. v. Canada (National Revenue) 2020 FCA 85 deals with unnamed persons requirements under s. 231.2(2) and (3) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) and its equivalent s. 289(3) of the Excise Tax Act, R.S.C. 1985, c. E-15. Part two of this series looks at its second and third principle arguments. ... [read more]

Friday, June 19, 2020 @ 1:38 PM

Tribunal Watch Ontario concerned over shortage of adjudicators, possible shift to written submissions

Marion Overholt has seen the frustration on the faces of her clients. The executive director of Legal Assistance of Windsor (LAW) frequently helps low-income clients in critical, sometimes life-altering cases before Ontario’s adjudicative tribunals, including the Landlord and Tenant Board and the Social Benefits Tribunal. But, time and again, matters have been adjourned because of a shortage of adjudicators. ... [read more]

Friday, June 19, 2020 @ 12:18 PM

Whose phone is it, anyway? Privacy rights when employees use corporate devices Hands using cellphone and laptop

As businesses have adapted to operating remotely, many have had to provide electronic devices to employees in order to ensure they remain productive. A question that has become more prevalent is what privacy rights an employee has in information stored on corporate-owned electronic devices? ... [read more]

Friday, June 19, 2020 @ 12:01 PM

DOJ reappoints two, appoints chair to Judicial Compensation and Benefits Commission

The federal Department of Justice (DOJ) announced the reappointments of Margaret Bloodworth and Peter Griffin and the appointment of Martine Turcotte as chair to the Judicial Compensation and Benefits Commission. ... [read more]

Friday, June 19, 2020 @ 9:52 AM

Lack of juror support adds to uncertain future for jury trials, says founder of commission Mark Farrant sm

As some judicial leaders question the future of civil juries, one jurors advocate is warning that the impact of COVID-19 could leave Canadian courts with a severe shortage of jurors when in-person trials resume, unless provinces provide improved support. ... [read more]

Friday, June 19, 2020 @ 8:54 AM

Justice and the pandemic: How Canada ranks Canada_COVID_sm

This article is the second of a three-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. ... [read more]

Friday, June 19, 2020 @ 5:39 AM

CIVIL PROCEDURE - Appeals - Powers of appellate court

Case management conference to determine how the appeal was to proceed after it was adjourned sine die due to the COVID-19 pandemic emergency. The appellant objected to the appeal proceeding in writing as suggested by the respondents. It argued that this court would not have jurisdiction to hear an appeal in writing over a party’s objection. ... [read more]

Thursday, June 18, 2020 @ 2:49 PM - Last Updated: Thursday, June 18, 2020 @ 4:54 PM

Trudeau says ‘COVID Alert’ national contact tracing app to be made available July 1 in Canada Justin Trudeau

Ottawa and Ontario plan to roll out for testing in that province July 1 a “completely voluntary, anonymous and secure” mobile contact tracing application for COVID-19 that will also be offered to everyone across the country — although buy-in from the other provinces and territories must still be obtained to make the app fully operational nationally, Prime Minister Justin Trudeau says. ... [read more]

Thursday, June 18, 2020 @ 9:32 AM

Ontario Appeal Court rules ‘meaningful inquiry’ required on offender’s ability to pay restitution Michael Spratt

A recent Ontario Court of Appeal decision “makes clear that the criminal justice system isn’t a civil recovery mechanism, and that the imposition of a restitution order that an accused will never be able to pay is essentially a financial life sentence and creates a debtors’ prison,” according to Ottawa criminal defence lawyer Michael Spratt. ... [read more]