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Civil Litigation

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Friday, January 05, 2018 @ 8:27 AM

CIVIL PROCEDURE - Settlements - Judgments and orders - Set-off

Appeal by Henry from an order providing for the deduction of settlement funds he received from Canada and the City of Vancouver from the damage award he achieved at trial against the Province of British Columbia (BC). ... [read more]

Friday, January 05, 2018 @ 8:18 AM

Pensioners of insolvent companies left out of contingency fee debate | Julius Melnitzer

Something’s been lost so far in the debate about contingency fees that the Law Society of Upper Canada (LSUC) calls “[protecting] access to justice for the public, while ensuring protection from unscrupulous practices and unreasonable fees.” ... [read more]

Thursday, January 04, 2018 @ 9:29 AM

Employees can also be held liable for customer injury, Ontario Court of Appeal maintains Gavin_MacKenzie_sm

An Ontario Appeal Court decision involving hot water, burned hands and a Starbucks barista is a reminder that employees can be sued along with their employers when it comes to the injury of customers, lawyers say. ... [read more]

Thursday, January 04, 2018 @ 8:26 AM

Access to Justice: Katie Sykes on designing legal expert systems | Thomas Cromwell

Innovation can be a driver of improved access to justice. But our profession is not noted for being at the forefront of innovation. And so it is encouraging to see signs that innovation is front and centre in the training of the next generation of lawyers. That is what I saw on a visit to Thompson Rivers University Faculty of Law in Kamloops, B.C., and in particular in a course created and taught by professor Katie Sykes. ... [read more]

Wednesday, January 03, 2018 @ 11:38 AM

Law Commission of Ontario seeks feedback on defamation law project Susan Gratton sm

The Law Commission of Ontario (LCO) has released a consultation paper for its Defamation Law in the Internet Age project and is seeking feedback from across the province. ... [read more]

Wednesday, January 03, 2018 @ 8:42 AM

NEGLIGENCE - Duty and standard of care - Duty of care - Contributory negligence - Apportionment of liability - Relation to causation

Appeal by Janandee Management Inc. (Janandee) from a judgment awarding damages to Parent and Hendrix. ... [read more]

Wednesday, January 03, 2018 @ 8:34 AM

Quebec Superior Court examines how class action members receive information

Two motions in one class action presented the court with competing visions of when and how class members can receive information and the court’s role, if any, in supervising the content of that information. The two decisions on those motions demonstrate some limits of controlling that information and the court’s willingness to be part of that control. ... [read more]

Friday, December 29, 2017 @ 9:35 AM

Robert Half expects litigation to offer most job opportunities in 2018 Job opportunities

At least some job growth looks like it will be on the horizon for the new year, according to a recent survey of the Canadian legal profession. ... [read more]

Thursday, December 28, 2017 @ 10:56 AM

Lawyers need to get comfortable with digital evidence Michael Mulligan

Even though technology is all around us — from cell phones to computers to always listening personal digital assistants in our homes — it doesn’t mean everybody has an equal understanding of how digital information is created and stored and accessed, and that includes lawyers. ... [read more]

Wednesday, December 27, 2017 @ 3:04 PM

Lawyer warns against accepting gift card as ‘apology’ for alleged bread price-fixing scheme David Wingfield, Strosberg Sasso Sutts LLP

A lawyer with one of the law firms involved in a class action against a number of national grocery and bakery companies for allegedly fixing the price of bread is cautioning customers to understand the rights they may be giving up when accepting a $25 gift card from one of the companies involved in the suit ... [read more]