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Civil Litigation


Thursday, March 22, 2018 @ 9:39 AM

$1.4 billion class action against The Beer Store, LCBO dismissed Michael Eizenga sm

The Ontario Superior Court of Justice has dismissed a lawsuit launched by a restaurateur in 2014 against the Liquor Control Board of Ontario (LCBO) and a slew of breweries in a decision, counsel says, highlights that regulated conduct defence applies to civil claims. ... [read more]

Wednesday, March 21, 2018 @ 3:49 PM - Last Updated: Wednesday, March 21, 2018 @ 5:48 PM

McLachlin nominated for Hong Kong’s top court Beverley McLachlin

Beverley McLachlin, Canada’s former top judge with a strong record of defending judicial independence here and abroad, is expected to soon join Hong Kong's Court of Final Appeal as a non-permanent member. ... [read more]

Wednesday, March 21, 2018 @ 8:58 AM

Drawing the line between consultation and collaboration with expert witnesses collaborative

In 2015, the Ontario Court of Appeal confirmed in Moore v. Getahun 2015 ONCA 55, that it is appropriate and essential for counsel to consult and collaborate with expert witnesses in preparing expert reports. However, this practice is not without limits considering an expert’s duty to provide a fair, objective and non-partisan opinion. In this third article in a series on expert evidence, the jurisprudence on where counsel should draw the line in providing input to an expert witness is surveyed. ... [read more]

Wednesday, March 21, 2018 @ 5:12 AM - Last Updated: Wednesday, March 21, 2018 @ 11:56 AM

Concerns raised about growing trend to oral judgments at Supreme Court Adam Goldenberg

Some Supreme Court watchers are raising questions and concerns about the top court’s growing practice of disposing of cases orally from the bench, without subsequently issuing written reasons. ... [read more]

Tuesday, March 20, 2018 @ 11:51 AM

Law Commission of Ontario wants to know if class action statute needs updating Nye Thomas

The Law Commission of Ontario (LCO) is conducting a comprehensive review of class actions in the province, the first since Ontario’s Class Proceedings Act (CPA) came into force in 1993. ... [read more]

Tuesday, March 20, 2018 @ 11:15 AM

Techniques for handling high-conflict clients in separation and divorce conflict personalities

It is important to remember that despite your efforts to convince them otherwise, people with high-conflict personalities truly feel that their behaviour is correct and lack awareness of: why they are the way they are; how they contribute to their own problems; and how to change. ... [read more]

Monday, March 19, 2018 @ 9:29 AM

Judge who sexually harassed court staffer quietly quit; unlike the U.S., #MeToo hasn’t hit Canadian judiciary TLD Exclusive

A superior court judge who subjected a court staffer to sexualized contact in the workplace quietly resigned after a Canadian Judicial Council (CJC) investigation, without the judicial disciplinary body publicly disclosing his actions until now. ... [read more]

Monday, March 19, 2018 @ 8:48 AM

Sufficiency of reasons in arbitration awards: A variable standard arbitration_decision_sm

The domestic Arbitration Act that is shared by most Canadian jurisdictions contains a provision that requires that an arbitral tribunal provide a written award that contains the reason on which it is based. The standard that must be met by an arbitral tribunal in order to discharge this statutory obligation remains the subject of debate, especially in a context where there are few decided cases in Canada. ... [read more]

Friday, March 16, 2018 @ 1:43 PM

Ottawa can continue with damages suit against Merchant Law Group Gord Kuski

The Supreme Court of Canada has declined to shut down the Attorney General of Canada’s fraud action against the Saskatchewan law firm which Ottawa paid $25 million for representing thousands of former students of Indian residential schools in individual and class litigation that was settled 12 years ago. ... [read more]

Thursday, March 15, 2018 @ 8:45 AM

Quebec ruling over protest bylaw ‘narrows the powers of a municipality,’ lawyer says

A City of Montreal bylaw that forced protesters to provide an itinerary to police ahead of time was struck down by the Quebec Court of Appeal after it ruled that it was arbitrary, excessive and unreasonable. ... [read more]