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Civil Litigation


Thursday, October 15, 2020 @ 12:33 PM

Legal distinction between beliefs, obligations: A humanist response | Wes McMillan

In his Aug. 28 piece “The chimp, the bee, the SCC” Barry Bussey argues that “over the last decade, the Supreme Court of Canada has largely disregarded the communal aspect of religion, leading to decisions that severely curtail the freedom of religious communities to operate in accordance with their beliefs.” ... [read more]

Thursday, October 15, 2020 @ 8:35 AM

The Sherman estate case reaches Supreme Court: Part one sealed_document_sm

The circumstances surrounding the tragic deaths of Barry and Honey Sherman remain a mystery; so too, do the heirs to their fortunes. This is because the Sherman estate trustees successfully applied to have their probate applications sealed, thus preventing the public from viewing their wills. In 2018, a reporter for the Toronto Star, Kevin Donovan, challenged the validity of the sealing order.   ... [read more]

Thursday, October 15, 2020 @ 7:42 AM

INTERPRETATION - Extrinsic evidence and parol evidence rule - As to validity

Appeal by the deceased’s daughter from the trial judgment finding that the first of two promissory notes providing that a loan made by the mother to the appellant was repayable on her death reflected the mother’s true intention. ... [read more]

Wednesday, October 14, 2020 @ 11:28 AM

Supreme Court on jurisdiction for retroactive child support in Graydon: Further analysis Pocket watch on money

In part one, we discussed the history of Michel v. Graydon 2020 SCC 24 (Graydon), in which the Supreme Court of Canada determined that litigants are not barred from bringing an application for retroactive child support, even where the “child” in question is over the age of majority and/or financially independent. Part two continues this discussion by looking at s. 152 of B.C.’s Family Law Act (FLA) and s. 17 of the Divorce Act. ... [read more]

Wednesday, October 14, 2020 @ 9:27 AM

Lack of apology in defamation case does not justify aggravated damages, Alberta Appeal Court rules

The Alberta Court of Appeal has reversed a lower court’s award of aggravated and punitive damages in a defamation case, but a legal observer is saying he thinks the decision could be an example of an appeal court weighing in on the equities of a decision and finding errors of law to support what it thinks is a more equitable result. ... [read more]

Wednesday, October 14, 2020 @ 3:49 AM


Appeal by telecommunications companies from a CRTC Telecom Order retroactively setting final rates. ... [read more]

Tuesday, October 13, 2020 @ 3:37 PM

Ontario Superior Court temporarily suspends jury selection in Toronto, Ottawa and Brampton Chief Justice Geoffrey Morawetz sm

The Ontario Superior Court of Justice has announced that new jury selection is suspended for the next 28 days in Toronto, Brampton and Ottawa to align with the province’s return to “modified” stage 2 COVID-19 restrictions in those regions. ... [read more]

Tuesday, October 13, 2020 @ 2:57 PM

Judicial perspectives on self-represented litigants in family courts Family law book with glasses

The growing numbers of self-represented family litigants is a major concern. As part of an ongoing study about the use of limited scope retainers, we surveyed 57 Ontario judges to learn about their views and experiences with the self-represented family litigants. ... [read more]

Tuesday, October 13, 2020 @ 9:28 AM

Gowling partner named fellow of American College of Trial Lawyers

Gowling WLG announced that partner Sandra Barton has become a fellow of the American College of Trial Lawyers. The induction ceremony took place online at the college’s 2020 annual meeting and 70th Anniversary Celebration. ... [read more]

Tuesday, October 13, 2020 @ 8:52 AM

CanArbWeek 2020, a recap in two parts: Part two arbitration_puzzle_sm

Virtual webinars and debates on a wide range of practical and academic arbitration topics were presented by no fewer than 14 different organizations during CanArbWeek 2020, held Sept. 21-25 on the Arbitration Place Virtual platform. The event attracted over 1,000 attendees from 22 countries. ... [read more]