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Civil Litigation

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Monday, October 30, 2017 @ 5:29 PM

MPs urge Ottawa to create civil legal aid fund Anthony Housefather

The Commons Justice Committee has recommended that Ottawa revamp the current amorphous block funding the federal government gives the provinces and territories for legal aid by creating a separate earmarked civil legal aid fund for provinces that is administered under the Department of Justice (DOJ) Canada Legal Aid Program. ... [read more]

Friday, October 27, 2017 @ 2:17 PM - Last Updated: Friday, October 27, 2017 @ 5:09 PM

SCC refuses 5-4 to expand banks’ defence to conversion claims Abella

In a 5-4 split, the Supreme Court of Canada has declined to reconfigure its long-standing approach to the statutory defence to the tort of conversion to make it easier for financial institutions to avoid liability when they inadvertently cash fraudulent cheques. ... [read more]

Thursday, October 26, 2017 @ 5:20 PM

Rae skewers Liberals’ SCC appointment process Bob Rae

Asking judges and other senior jurists to apply for the Supreme Court of Canada in the name of expanding the top court’s diversity is “misguided” because it effectively excludes some people who feel it is unseemly to compete for the job, said Bob Rae, Ontario’s ex-NDP premier, and the former interim leader of the federal Liberals. ... [read more]

Thursday, October 26, 2017 @ 9:48 AM

Quebec court allows consolidation of two files that didn't involve identical issues

The decision reflects a willingness of the province's courts to give concrete weight to the 'guiding principles' of the Code of Civil Procedure, which was revamped in 2014. ... [read more]

Thursday, October 26, 2017 @ 8:35 AM

The evolution of third party litigation funding in Canada

In Canada, limits on third party litigation funding have historically been imposed by the common law doctrines of maintenance and champerty. The concept of maintenance is “directed against those who, for an improper motive, often described as wanton or officious intermeddling, become involved with disputes (litigation) of others in which the maintainer has no interest whatsoever.” ... [read more]

Thursday, October 26, 2017 @ 8:35 AM

CIVIL PROCEDURE - Appeals - Quashing or dismissal of - Reinstatement

Application by the Stantec respondents for reconsideration of an ex parte order reinstating an abandoned appeal. ... [read more]

Wednesday, October 25, 2017 @ 12:43 PM

Liberals fail to deliver on pledge to publish excerpts ‘shortly’ from applications for bench Sossin

Time still crawls at the Department of Justice (DOJ) when it comes to judicial appointments — and the government admits that limited resources devoted to the task are a factor. ... [read more]

Wednesday, October 25, 2017 @ 8:32 AM

JURISDICTION - Determination of - Forum conveniens - Procedure for determining

Appeal by the plaintiff, Fernandes, from dismissal of his action against the defendant, Wal-Mart for lack of jurisdiction. ... [read more]

Tuesday, October 24, 2017 @ 2:39 PM

Access to Justice Week speakers urge profession to embrace innovation Yasi Naqvi sm

An oft-repeated refrain from speakers on the first day of Ontario’s Access to Justice Week (Oct. 23-27) was the need for the legal profession to embrace innovation. Whether that’s through adopting new technologies, new approaches to service, or simply a client-oriented way of thinking, a push for the legal profession to keep pace with the 21st century was a common theme. ... [read more]

Tuesday, October 24, 2017 @ 12:12 PM

Court of Appeal decision offers guidance on when an international class action will be certified Linda Visser sm

In a decision on a claim of conspiracy to fix prices of air freight shipping services to Canada, the Ontario Court of Appeal has set down a three-part test for when an international class action can be asserted when jurisdiction over absent foreign claimants (AFCs) is in question. ... [read more]