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Civil Litigation

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Friday, April 13, 2018 @ 8:35 AM

TYPES OF DAMAGES - General damages - For personal injuries - Non-pecuniary loss - Pain and suffering

Appeal by the defendants from a $225,000 general damages award made by a jury in the respondent’s favour for pain and suffering she suffered as a result of a motor vehicle accident. ... [read more]

Thursday, April 12, 2018 @ 3:46 PM

McLachlin’s diplomacy, caring helped defuse tensions, build consensus at SCC: ex-judge LeBel Retired SCC Justice Louis LeBel and retired SCC Chief Justice Beverley McLachlin

Beverley McLachlin’s behind-the-scenes diplomacy in dealing with the inevitable disagreements and rivalries among the Supreme Court of Canada’s competitive and “ambitious” nine members helped the top court achieve a remarkable level of consensus during her 18 years as its leader, says retired Supreme Court Justice Louis LeBel. ... [read more]

Thursday, April 12, 2018 @ 11:00 AM

B.C. Appeal Court decision clarifies duty on forest fire watches: Crown

The B.C. Court of Appeal has ordered a new trial to determine liability for a 2010 forest fire that caused over $5 million in damages, stating the original trial judge erred when interpreting provincial regulations on when a company’s obligation to conduct a fire watch begins and ends. ... [read more]

Thursday, April 12, 2018 @ 8:43 AM

What does a high-conflict separation and divorce look like? Cheryl Suann Williams

High-conflict separations and divorces represent about 10 per cent of the approximately 70,000 annual divorces in Canada. They often result from one or both of the parties having high-conflict personalities. There are behaviours, both typical and unique, of the high-conflict party and consequences for their conduct that family law lawyers should be aware of. ... [read more]

Thursday, April 12, 2018 @ 8:33 AM

Law Commission class action review enters consultation phase II class_action_sm

Before the Class Proceedings Act, 1992 (CPA) came into force, the “Report of the Attorney General’s Advisory Committee on Class Action Reform” recommended that, from the outset, class proceedings should be monitored so that the performance of the new procedure could be evaluated. ... [read more]

Wednesday, April 11, 2018 @ 12:11 PM

N.S. appeal puts court jurisdiction in landlord-tenancy matters in spotlight Paul_Niefer_sm

The victorious appeal of a Nova Scotia landlord who bypassed dealing with a residential tenancy tribunal either “clears up” the option to do so or creates a “mish-mash” of legal avenues for future claims. ... [read more]

Wednesday, April 11, 2018 @ 9:29 AM

B.C. Court of Appeal rules against credit unions in overdraft charge class action Paul Bennett

The B.C. Court of Appeal has upheld a class action judgment against a number of British Columbia credit unions, saying charges they levied for overdrafts did not fall under the Criminal Code’s provisions on overdraft charges but were in fact interest. ... [read more]

Wednesday, April 11, 2018 @ 8:41 AM

The current mess of class action carriage motions | Julius Melnitzer

So, Justice Paul Perell of the Ontario Superior Court of Justice believes that law firms seeking carriage of a class action should hire independent counsel to argue carriage motions. Why? ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]

Tuesday, April 10, 2018 @ 12:49 PM - Last Updated: Tuesday, April 10, 2018 @ 3:12 PM

Dismissal of motion shows ‘one-sidedness’ of anti-SLAPP legislation, counsel says Cameron Fiske sm

The Ontario Superior Court of Justice dismissed a motion seeking to terminate a defamation lawsuit in a decision, counsel noted, highlights the one-sidedness of anti-SLAPP (strategic lawsuit against public participation) legislation. ... [read more]