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Civil Litigation

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Wednesday, March 13, 2019 @ 6:09 AM

CIVIL PROCEDURE - Summary judgments - To dismiss action

Appeal by the plaintiff from summary judgment dismissing his action against the respondent University for loss of income, pain and suffering, and out of pocket expenses resulting from his having been deprived of the opportunity to complete a Ph.D. degree. ... [read more]

Tuesday, March 12, 2019 @ 3:04 PM

Quebec Appeal Court upholds landmark $17 billion tobacco class action

The Quebec Court of Appeal, in an explicit and stark warning to manufacturers that they will be held liable for damages for breaching their duty to inform, upheld a landmark lower court ruling that ordered three leading Canadian tobacco companies to pay up to $17 billion, including interest, in damages to Quebec smokers, the largest damage award in Canadian history. ... [read more]

Tuesday, March 12, 2019 @ 11:43 AM - Last Updated: Tuesday, March 12, 2019 @ 11:59 AM

Federal Court nixes judicial review for SNC-Lavalin; DPAs a ‘classic’ matter of prosecutorial discretion, expert says Jennifer Quaid

The Federal Court has lobbed the SNC-Lavalin hot potato back into the lap of Justice Minister David Lametti in a novel — but widely anticipated — decision that declines to judicially review the Director of Public Prosecution’s (DPP) refusal last fall to negotiate a remediation agreement with the Montreal construction giant headed to trial on bribery and fraud charges. ... [read more]

Tuesday, March 12, 2019 @ 8:41 AM

Feds launch directive on automated decision making AI_decision_sm

On March 4, 2019, Jane Philpott, president of the Treasury Board and minister of digital government, launched the federal government’s Directive on Automated Decision Making purported to guide government departments in the transparent and accountable use of artificial intelligence (AI). ... [read more]

Monday, March 11, 2019 @ 2:29 PM

Nova Scotia vulnerable feel ‘helplessness and disappointment’ in accessing justice, official says Luther

Nova Scotia has been pairing cutting-edge data gathering with old-fashioned legwork to address a lack of access to justice for the province’s most vulnerable — many of whom, it was found, have given up on the justice system. ... [read more]

Monday, March 11, 2019 @ 1:53 PM

Biron named managing partner of Woods LLP

Litigation, arbitration and insolvency boutique Woods LLP announced the appointment of Caroline Biron as managing partner of the Montreal firm, effective March 1. ... [read more]

Monday, March 11, 2019 @ 1:32 PM

Ottawa promotes judge, appoints two others in B.C.

Justice Canada announced the following judicial appointments for the province of British Columbia on March 8: ... [read more]

Monday, March 11, 2019 @ 10:35 AM

A court where the complainant always wins provincial flags

There exists a little-known dispute resolution venue where the complainant has always won. It doesn’t have a permanent location, nor does it have a standing set of adjudicators. And at this venue, no matter how grievous the infraction of the responding party, there is no immediate pathway to seek compensation for damages. What adjudicatory system is this? It is the dispute resolution process under the Canadian Free Trade Agreement. ... [read more]

Monday, March 11, 2019 @ 9:39 AM

ACTIONS - Legislation - Summary judgments - Limitation periods

Motion by the defendant insurer for summary judgment to dismiss the plaintiffs’ action. ... [read more]

Friday, March 08, 2019 @ 8:40 AM

CIVIL PROCEDURE - Pleadings - Failure to disclose a cause of action or defence

Appeal by the plaintiffs from a decision of a motions judge striking certain claims without leave to amend. ... [read more]