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Civil Litigation

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Wednesday, November 27, 2019 @ 2:33 PM

Resolving debate on transactional common interest privilege gears_transaction_sm

An emissary of Bay Street, Maureen Littlejohn, has come forward in response to my article of Oct. 31, 2019 to champion transactional common interest privilege. This was at issue in the Federal Courts’ decisions in Iggillis Holdings Inc. v. Canada (National Revenue) 2016 FC 1352 and Iggillis Holdings Inc. v. Canada (National Revenue) 2018 FCA 51. ... [read more]

Wednesday, November 27, 2019 @ 9:57 AM

OBA Award of Excellence winner Pratte stresses importance of mentorship, pro bono Guy Pratte at OBA awards sm

Guy Pratte, a partner at Borden Ladner Gervais LLP (BLG), felt “complete shock and surprise” at having been awarded the Ontario Bar Association’s (OBA) Award of Excellence in Civil Litigation. The well-respected litigator said he was “quite humbled” when he looked at the list of previous recipients, and that receiving such an accolade was “generous and heartwarming.” ... [read more]

Wednesday, November 27, 2019 @ 7:54 AM

LIMITATION OF ACTIONS - Extension, interruption, suspension and inapplicability

Motion by the plaintiff to continue an action and join co-plaintiffs. ... [read more]

Tuesday, November 26, 2019 @ 1:00 PM

Mother awarded costs after father tries (and fails) to play hardball Fist bumping against hand

Mackie v. Crowther 2019 ONSC 6431, a well-reasoned recent decision of Justice Alex Pazaratz, is the most recent of a long line of family court decisions that enforce the idea that court orders are not suggestions, but orders to be obeyed. In this case, Justice Pazaratz sends a strong message “hardball” tactics are not only ineffective, but will result in adverse cost consequences. ... [read more]

Tuesday, November 26, 2019 @ 8:35 AM

Decision on constructive dismissal a game breaker | Julius Melnitzer

The Workplace Safety and Insurance Appeals Tribunal’s recent decision in Hospitality Fallsview Holdings Inc. v. Morningstar 2019 ONWSIAT 2324, may signal a new jurisdictional regime around claims of wrongful dismissal premised on workplace harassment causing chronic mental stress. ... [read more]

Tuesday, November 26, 2019 @ 6:21 AM

TITLE - Boundaries - Resolving ambiguous legal descriptions

Appeal by the Attorney General of British Columbia from an order made pursuant to a judicial investigation of title. ... [read more]

Monday, November 25, 2019 @ 1:48 PM

Employer responsibilities, liabilities during party season officeparty_sm.jpg

As an employer, if you organize a company party or similar work-related social gathering for your employees, you have certain legal responsibilities. An employer can be held liable for not taking adequate precautions to protect its employees from foreseeable and preventable harm. ... [read more]

Monday, November 25, 2019 @ 1:28 PM

Quebec courts dealing with ‘constant stream’ of racial profiling cases: lawyer

A Quebec man who was issued a ticket for accusing a police officer of being a racist after being stopped was acquitted by a municipal court judge, the latest in a series of cases dealing with racial profiling that have recently wound their way through Quebec courts.  ... [read more]

Monday, November 25, 2019 @ 11:14 AM

Supreme Court’s municipal law ruling shakes up commercial contracting in Quebec: expert Pier-Olivier_Fradette

Towns and cities in Quebec will have to “tighten up drastically” their control of commercial engagements between their employees and goods and service providers in the wake of a Supreme Court of Canada ruling which shakes up settled law, says a municipal law specialist. ... [read more]

Monday, November 25, 2019 @ 10:46 AM

CIVIL PROCEDURE - Parties - Vexatious litigants

Appeal by Ayangma from a motion judge’s decision that declared him to be a vexatious litigant and dismissed his civil action against the respondent on the basis it was statute-barred. ... [read more]