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Civil Litigation


Wednesday, June 13, 2018 @ 9:43 AM

Maximizing recoveries to secured creditors in B.C. condo development condo_construction_sm

On April 4, 2018, the Supreme Court of British Columbia issued a decision in Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527 [Forjay] directing a receiver to disclaim 40 pre-sale contracts in the receivership of a strata condominium development in Langley, B.C., known as “Murrayville House”. This decision confirms that the Courts will consider maximizing value for the benefit of secured lenders in priority to purchasers with pre-sale contracts. ... [read more]

Wednesday, June 13, 2018 @ 8:37 AM

Texting to a driver could be illegal — here’s why texting driver

In the criminal justice system, a person is guilty of criminal negligence if they do anything, or omit to do something that is their duty, that shows a wanton or reckless disregard for the lives or safety of other people. While it is rarely seen as these matters often do not come to light until after the unfortunate injuries or death have already occurred. ... [read more]

Tuesday, June 12, 2018 @ 10:39 AM

New ‘use of force’ training in Manitoba means more accountability of officers: expert Michael_Weinrath_sm

A new “use of force” simulation lab in southern Manitoba will help the justice system further evaluate police accountability in high-stakes crisis encounters with the mentally ill, says a scholar. The Use of Force Simulation Lab, developed by the Brandon Police Service (BPS), Manitoba’s government and Assiniboine Community College, uses a life-sized video screen that places trainee officers in various virtual situations. ... [read more]

Monday, June 11, 2018 @ 9:30 AM

Former Justices Cromwell and O’Connor discuss civility and the art of advocacy Dennis O'Connor and Thomas Cromwell sm

The recent decision in Groia v. Law Society of Upper Canada 2018 SCC 27 hung in the air as former justices Thomas Cromwell and Dennis O’Connor discussed civility, professionalism and the future of the litigation bar at a fireside chat hosted by the Toronto Lawyers Association on June 6. ... [read more]

Monday, June 11, 2018 @ 8:05 AM

LIMITATION OF ACTIONS - Conflict between limitation periods - Which limitation period applies

Motion by the Nova Scotia Association of Health Organizations Long Term Disability Plan for summary dismissal of the claim. ... [read more]

Friday, June 08, 2018 @ 12:59 PM

FAULT - Apportionment of liability - Solidarity

Appeal by the Ville de Montréal (City) from a judgment of the Quebec Court of Appeal affirming a decision finding that Lonardi and the other respondents were not solidarily liable for the damage caused to its vehicles. ... [read more]

Friday, June 08, 2018 @ 12:49 PM - Last Updated: Friday, June 08, 2018 @ 2:40 PM

Supreme Court declines to hold rioters solidarily liable for damaging police cars Nataly_Gauvin_and_Mélany_Renaud

The Supreme Court has shed light on when solidary liability attaches to wrongful acts under the Civil Code of Québec (CCQ) in a decision which holds 6-1 that rioters who contributed to damaging municipal police cars during a 2008 Montreal hockey riot can only be held liable for the specific damage each caused to a given car, and not for the total damages caused by all the rioters in respect of that car. ... [read more]

Thursday, June 07, 2018 @ 9:04 AM

With latest Chevron decision, issues of piercing corporate veil remain unlock_secrets_sm

The long and twisting saga of Yaiguaje v. Chevron Corporation took another turn recently with the latest decision in this matter from the Ontario Court of Appeal (Yaiguaje v. Chevron Corporation 2018 ONCA 472). ... [read more]

Thursday, June 07, 2018 @ 8:10 AM

HEALTH CARE PROFESSIONALS - Disciplinary proceedings - Penalties

Appeal by the doctor from an order overturning the penalty imposed for professional misconduct. ... [read more]

Thursday, June 07, 2018 @ 6:55 AM

SCC fractures over forum non conveniens in multijurisdictional Internet libel case Paul Schabas

The Supreme Court of Canada has splintered over the private international law principles applicable to the issues of jurisdiction, forum non conveniens and choice of law in the context of a multijurisdictional Internet libel case — with most of its judges declining to substantially reform the usual rules Canadian courts apply in deciding whether to assume and exercise jurisdiction in cross-border legal disputes. ... [read more]