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Focus On

Civil Litigation


Thursday, December 13, 2018 @ 8:50 AM

Sufficient notice and a ‘peppercorn’ of consideration | Stuart Rudner

We all know that an employer risks a constructive dismissal claim when they unilaterally impose substantial changes to fundamental terms of the employment agreement. But can they do the exact same thing simply by giving the employee notice of the change, rather than having it take effect immediately? As one recent case confirmed, yes, they can. Should they be allowed to? While some people have argued that it is unfair, my view is that if they provide sufficient notice, there is nothing wrong with it. ... [read more]

Thursday, December 13, 2018 @ 8:15 AM

REGULATION OF PROFESSION - Champerty and maintenance

Appeal by the representative plaintiffs, the Houles, from the approval of a litigation funding agreement subject to conditions. ... [read more]

Wednesday, December 12, 2018 @ 10:34 AM

AI could play a big part in reducing future legal fees AI_research_sm

Recently, the Ontario Superior Court of Justice in the case of Cass v. 1410088 Ontario Inc. 2018 ONSC 6959 commented on the use of artificial intelligence in reducing a successful defendant’s motion preparation costs, notably, the amount of paid resources used to engage in “legal research” prior to the motion. ... [read more]

Wednesday, December 12, 2018 @ 9:11 AM

ABORIGINAL STATUS AND RIGHTS - Historical grievances - Residential schools - Settlements

Application by Independent Counsel for directions relating to the Indian Residential Schools Settlement Agreement (IRSSA). ... [read more]

Wednesday, December 12, 2018 @ 9:08 AM

INVASION OF PRIVACY - Personal information

Motions by the plaintiffs for certification of two proposed class actions. ... [read more]

Tuesday, December 11, 2018 @ 9:09 AM

‘Blanket’ expertise and the standard of review | Heather MacIvor

The holidays came early this year, at least for administrative law aficionados. On Dec. 4-6 the Supreme Court of Canada hosted a three-day feast of submissions on the standard of review. It was brunch, really, since the sittings ended at midday. But what a menu! Legislative intent, statutory interpretation and the rule of law, served up by some of Canada’s best advocates. ... [read more]

Tuesday, December 11, 2018 @ 8:36 AM

PROCEEDINGS - Evidence - Production of documents

Appeal by the Co-Executor of the Archibald Estate from refusal of documentary production. ... [read more]

Monday, December 10, 2018 @ 9:17 AM

Defending dangerous dogs: From death row to public safety Dogonleash_sm.jpg

While municipal and provincial dangerous dog statutes differ throughout Canada, the Vancouver Charter has a fairly standard definition of a “dangerous dog” as one that has killed or seriously injured a person or a domestic animal or one that, in the opinion of an animal control officer, is likely to kill or seriously injure a person. ... [read more]

Friday, December 07, 2018 @ 5:02 PM - Last Updated: Tuesday, December 11, 2018 @ 3:00 PM

SCC rules shareholders can’t sue for third-party harms to corporation absent ‘distinct’ obligation, ‘direct’ injury Caroline Biron

The Supreme Court has ended a $55 million damages suit for loss of shareholder value brought by the trustees of a Quebec trust against the lawyers and accountants they allege gave faulty tax advice that bankrupted the companies whose shares the trust owns. ... [read more]

Friday, December 07, 2018 @ 1:38 PM

CORPORATIONS - Shareholders - Rights and powers - Juridical personality - Evidence and procedure - Standing

Appeal by Brunette and another trustee of Fiducie Maynard (Fiducie) from a judgment of the Court of Appeal of Quebec affirming a decision that dismissed Fiducie’s action on the basis that it did not have a sufficient interest to claim damages for the total loss of value of its patrimony. ... [read more]