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Civil Litigation


Friday, June 01, 2018 @ 12:49 PM

REGULATION OF PROFESSION - Law societies and governing bodies - Disciplinary procedure - What constitutes misconduct

Appeal by Groia from a judgment of the Ontario Court of Appeal affirming a decision of the Divisional Court, which affirmed a decision of the Law Society Appeal Panel (Appeal Panel) affirming in part a decision of the Law Society Hearing Panel (Hearing Panel). ... [read more]

Friday, June 01, 2018 @ 10:07 AM - Last Updated: Friday, June 01, 2018 @ 3:56 PM

SCC rules Groia not guilty, sets standard for when lawyers’ incivility in court becomes professional misconduct Justice Michael Moldaver

The Supreme Court of Canada has overturned the Law Society of Ontario’s (LSO) controversial professional misconduct conviction of Toronto securities litigator Joe Groia in a much-anticipated ruling which clarifies the approach and standard for determining when lawyers’ uncivil courtroom conduct crosses over into professional misconduct. ... [read more]

Friday, June 01, 2018 @ 8:43 AM

CIVIL PROCEDURE - Class or representative actions - Definition of class

Appeal by the plaintiff from an order dismissing his application to certify his action as a class proceeding. ... [read more]

Thursday, May 31, 2018 @ 1:43 PM

JUDICIAL REVIEW AND STATUTORY APPEAL - Jurisdiction of the court to review

Appeal by the Judicial Committee (Committee) of the Highwood Congregation of Jehovah's Witnesses (Congregation) from a judgment of the Alberta Court of Appeal affirming a decision by the Court of Queen’s Bench of Alberta concluding it had jurisdiction to consider Wall’s application for an order of certiorari that would quash the Committee’s decision to disfellowship him. ... [read more]

Thursday, May 31, 2018 @ 1:38 PM

To lend a car or not to lend a car, that is the question 2carcrash_sm.jpg

How often have you lent your car to a family member, friend or colleague without giving it a second thought? Perhaps it’s time you reconsidered. ... [read more]

Thursday, May 31, 2018 @ 10:36 AM - Last Updated: Thursday, May 31, 2018 @ 4:43 PM

SCC rules courts have limited power to review fairness of decisions of voluntary associations David Gnam

The Supreme Court of Canada has allowed the appeal of a Jehovah’s Witness congregation in Calgary against a decision by the courts below to review for procedural fairness an edict by church elders requiring the congregation to shun one of its members. ... [read more]

Thursday, May 31, 2018 @ 9:09 AM

Experts say outcome in ‘Scud Stud’ defamation case cautionary tale for media, lawyers Brian Radnoff, Lerners LLP

The Alberta Court of Appeal has upped the costs awarded to a former war correspondent in his successful defamation case against a major national media chain, saying the trial judge erred when she said allegations of intentional concealment of documents were unproven. ... [read more]

Thursday, May 31, 2018 @ 8:40 AM

NATURAL JUSTICE - Reasonable apprehension of bias

Appeal by the owners of a strata unit from the dismissal of their application for judicial review of an arbitration award on the basis of a reasonable apprehension of bias. ... [read more]

Thursday, May 31, 2018 @ 8:39 AM

Why you should avoid acting for family and friends zipper_mouth_sm

Lawyers, like anyone, want to help family and friends, but doing so is risky. Because such relationships are informal by nature, acting for them may default to long established informal behaviours. This can mean cutting corners such as failing to obtain consents or instructions, and failing to document communication. Family and friends can unexpectedly become the most difficult clients. ... [read more]

Wednesday, May 30, 2018 @ 11:12 AM

The multifaceted legal implications of revenge porn monsteroutfofpc

Taking and sharing intimate images using smartphones and direct messaging applications has become a normalized part of romantic relationships; however, with the rise of technology-facilitated intimacy, the scope for abusive, controlling and vengeful behaviour has widened. ... [read more]