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Civil Litigation

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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]

Friday, March 29, 2019 @ 8:33 AM

BARRISTERS AND SOLICITORS - Disqualification or removal - Relationship with client

Application by Stanfield for directions as to whether Moodie could act for him in the Court of Appeal. ... [read more]

Thursday, March 28, 2019 @ 8:35 AM

DISPOSITION WITHOUT TRIAL - Frivolous, vexatious or abuse of process

Appeal by the plaintiff from a decision dismissing the plaintiff’s action on the ground that it was brought to silence the respondents on matters of significant public importance. ... [read more]

Wednesday, March 27, 2019 @ 2:22 PM

Intentional tortfeasor not held contributorily liable for injury threepeoplebehinddesk.jpg

In Stoney v. Sound Stage Performance Inc. 2019 SKCA 18 (Stoney), the Saskatchewan Court of Appeal held The Contributory Negligence Act, RSS 1978, c C-31, did not allow “a defendant sued in negligence to commence a third party proceeding for contribution or indemnity based on an alleged intentional tort.” (at para. 4). ... [read more]

Wednesday, March 27, 2019 @ 2:08 PM

Corporate director owes duty of care to injured workers: Alberta Court of Appeal

The Alberta Court of Appeal has ruled a director of a construction company was liable for injuries suffered on a job site, despite his arguing any negligent act that may have been committed was done as an employee and not an officer of the company. The respondent, Doug Stewart, is a director of DWS Construction. He was involved in the installation of a temporary staircase in a home that later collapsed, injuring a number of workers from another company. ... [read more]

Wednesday, March 27, 2019 @ 8:56 AM

Alberta Builders’ Lien Act gets some judicial attention construction_debt_sm

A recent decision of the Alberta Court of Queen’s Bench clarified that an owner’s express right to set-off in the prime contract can affect the requirements of the Alberta Builders’ Lien Act. ... [read more]

Friday, March 22, 2019 @ 9:58 AM

U.S. college cheating scandal casts spotlight on security of LSAT, law school admissions Kellye Testy

A sweeping U.S. Department of Justice indictment for large-scale bribery and cheating on the SAT entrance exam and in the admissions process for American colleges is raising questions among law deans and others about whether the LSAT or other aspects of the highly competitive law school admissions process in Canada are susceptible to cheating. ... [read more]