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Civil Litigation

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Tuesday, September 11, 2018 @ 1:38 PM

Does Premier Ford see the Constitution as merely a speed bump? | Heather MacIvor

On September 10, Superior Court Justice Edward Belobaba set aside the electoral map imposed on the City of Toronto by the Ontario Legislature in mid-August (City of Toronto et al v. Ontario (Attorney General), 2018 ONSC 5151). He held that doubling the number of voters in each ward halfway through the campaign period violated the Canadian Charter of Rights and Freedoms. As expected, Premier Doug Ford announced that he would appeal Belobaba’s ruling. Then he stunned most observers by declaring that he would use the Charter’s notwithstanding clause (s. 33) to re-impose the electoral map that had been declared unconstitutional. This was not the Ford Government’s first defeat in the Superior Court. ... [read more]

Tuesday, September 11, 2018 @ 8:41 AM

Killer whales, Trans Mountain pipeline and the public interest | Pamela Palmater

Tahlequah’s “tour of grief” which saw one of the female southern resident killer whales (referred to by scientists as J-35) carry her deceased calf for 17 days was an unprecedented show of grief for the death of her calf. It is also a sad reminder of the fact that these endangered whales have had no successful births for three years. Her visible mourning tore at the heartstrings of many Americans, Canadians and especially Indigenous peoples who know all too well the pain of losing their children. While it is not uncommon for a killer whale to hold her deceased calf for a few hours or a day, this show of extended grief was the first time observed by scientists. ... [read more]

Monday, September 10, 2018 @ 9:02 AM

Calls for beneficial ownership registry grow as lawyers face new client ID, verification rules Denis Meunier

Legal regulators and others are putting more pressure on Ottawa to act quickly to create a central, publicly accessible beneficial ownership registry of corporations and some trusts in order to better fight money laundering, corruption, tax evasion, organized crime and the financing of terrorism. ... [read more]

Friday, September 07, 2018 @ 9:27 AM

BINDING ARBITRATION - Awards and remedial relief - Enforcement

Appeal by Popack from a decision dismissing his application for recognition and enforcement of an arbitration award of a US rabbinical court. ... [read more]

Thursday, September 06, 2018 @ 11:46 AM

Gowling WLG adds three partners to Calgary office

Gowling WLG announced the addition of three new partners to its Calgary office: Caireen Hanert, Josh Jantzi and Jonathan (Jay) Lalach. ... [read more]

Thursday, September 06, 2018 @ 11:15 AM

Court’s anti-SLAPP decision provides clarity, highlights public interest protection, lawyers say Cameron Fiske sm

The Ontario Court of Appeal has released six decisions relating to anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation in a move, counsel said, creates greater clarity for lawyers in defamation cases. ... [read more]

Thursday, September 06, 2018 @ 9:22 AM

CJC to appeal Federal Court’s ruling that judicial council subject to judicial review; discipline body alleges errors, appearance of bias Simon Noel

The Canadian Judicial Council (CJC) is appealing an important jurisdictional decision in which the presiding Federal Court judge accuses the leadership of the council of 39 chief justices of disrespecting his court and making poor litigation choices, and also “questions” whether CJC responses to queries from The Lawyer’s Daily amounted to “pressuring” federal Justice Minister Jody Wilson-Raybould to fire a Quebec judge “without regard for the judicial [review] proceedings that are legitimately before this [Federal] Court. ... [read more]

Thursday, September 06, 2018 @ 9:10 AM

Regulatory decision opens door for Crown to pierce corporate veil corporate_secrecy_sm

An Ontario court has revolutionized the law with respect to whether an individual can be held personally liable for fines imposed against the corporation for breaches of regulatory legislation. ... [read more]

Thursday, September 06, 2018 @ 9:08 AM

CIVIL PROCEDURE - Disposition without trial - Frivolous, vexatious or abuse of process

Appeal by the plaintiff from the dismissal of her action for a declaration that she held beneficial ownership of assets held by her mother and brother. In prior divorce proceedings, the appellant had asserted she held millions of dollars of real property registered in her name in trust for her mother. ... [read more]

Wednesday, September 05, 2018 @ 9:27 AM

SCC fall session features landmark cases on standard of review and sexual assault Steven Mason

Judicial review, class actions and sexual assault cases dominate the Supreme Court of Canada’s fall session. From Oct. 10 to Dec. 14, the nine judges will hear 26 appeals (only 10 are criminal) on an eclectic docket that also features cases on bankruptcy, bail review, civil procedure, freedom of the press, labour law, search and seizure and tax. ... [read more]