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Civil Litigation


Tuesday, January 09, 2018 @ 11:21 AM - Last Updated: Tuesday, January 09, 2018 @ 3:18 PM

First live webcast of treaty case advances reconciliation, public’s access to trials Joe Arvay

The Ontario Superior Court has ordered what is believed to be the first gavel-to-gavel live streaming and archiving of a full trial. ... [read more]

Tuesday, January 09, 2018 @ 11:08 AM

CIVIL PROCEDURE - Trials - Jury trials - Verdicts

Appeal by a motorist from the dismissal of her claim for damages for injuries sustained in a motor vehicle accident under the unidentified driver coverage in her policy. ... [read more]

Tuesday, January 09, 2018 @ 8:59 AM

The smart approach to foreign exchange in accounting of profits cases foreign_exchange_sm

The accounting of profits award in Dow Chemical Co. v. Nova Chemicals Corp. 2017 FC 350 is one of the largest awards for intellectual property infringement in Canadian history ($644 million). I have written about some aspects of the case previously; in this article, I will discuss Justice Simon Fothergill’s treatment of the issue of foreign exchange rates. ... [read more]

Monday, January 08, 2018 @ 12:34 PM

Quartet of new partners for Nelligan O’Brien Payne LLP

Ottawa-based Nelligan O'Brien Payne LLP has named four new partners across a number of practice areas. ... [read more]

Monday, January 08, 2018 @ 9:40 AM

A question of ‘matter’ and the stay provisions of the domestic Arbitration Act

The domestic Arbitration Act of most common law provinces shares a number of similarities. This is in large part due to the fact that they are all inspired from the UNCITRAL Model Law.  A number of these provincial Acts contain a provision that allows the courts to stay of proceeding before the courts on matters that are dealt with in an arbitration agreement and allow the reminder of the proceeding to continue before the courts. ... [read more]

Monday, January 08, 2018 @ 9:16 AM

Review of class action law must consider environmental claims | Richard Lindgren

Few environmental claims have obtained certification in the courts under current Ontario legislation, a situation that needs to be examined in the review by the Law Commission of Ontario in order to address legal barriers and economic hurdles. ... [read more]

Monday, January 08, 2018 @ 6:17 AM - Last Updated: Monday, January 08, 2018 @ 4:31 PM

N.B. government advised to ‘compromise’ with judiciary, scrap ‘unconstitutional’ veto over federal judge transfers Nicole O'Byrne

The New Brunswick government should scrap its “unconstitutional” bid to control transfers of federal judges, and instead accept the offer of the New Brunswick Court of Queen’s Bench to sign a memorandum of understanding (MOU) entitling the province to be consulted in advance of judicial moves, legal experts advise. ... [read more]

Friday, January 05, 2018 @ 9:19 AM - Last Updated: Friday, January 05, 2018 @ 9:45 AM

Indigenous rights, lawyers’ liability, breathalyzers among key appeals on SCC winter docket Karey Brooks

The Supreme Court starts off 2018 with a new judge from Alberta, a new chief justice from Quebec and a docket packed with novel cases hailing mostly from those two provinces. ... [read more]

Friday, January 05, 2018 @ 8:30 AM

ARMED FORCES - Personnel - Conditions of service - Compensation and benefits

Appeal by Canada from the decision in its largely unsuccessful application to strike claims by six members and former members of the Canadian Forces who suffered injuries in the line of their military duties. ... [read more]

Friday, January 05, 2018 @ 8:30 AM

Provincial safeguards for national class actions canada_provinces_sm

For decades, there has been a tension between provinces regarding the scope of proposed national class actions. For example: Is a national class permitted under the existing provincial legislation? If so, is a national class constitutional? What credence should be given to competing putative or certified class proceedings that are ongoing in other jurisdictions?   ... [read more]