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Civil Litigation

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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]

Monday, April 09, 2018 @ 8:42 AM

EXECUTION - Stay of execution - Pending appeal - Exemptions - Judgments against Crown

Application by the respondent on appeal to lift a stay of execution. ... [read more]

Friday, April 06, 2018 @ 2:49 PM

Bennett Jones names partners

Ten lawyers representing a wide variety of specialties have been admitted as partners at Bennett Jones LLP. ... [read more]

Friday, April 06, 2018 @ 9:03 AM

Strict compliance to form essential in family arbitration agreements divorce_agreement_sm

Family arbitration in Ontario under the Arbitration Act requires that counsel respect certain formalities when concluding an arbitration agreement, failing which the agreement and the award are of no force or effect.  This is an exception to the general rule in commercial arbitration where the mere intention of entering into an arbitration agreement is sufficient to bind the parties. ... [read more]

Friday, April 06, 2018 @ 8:54 AM

TRADE-MARKS - Infringement

Appeal by defendants, Bemco, GPAE and Ebert, from a summary judgment declaring them liable for breach of a settlement agreement. ... [read more]

Thursday, April 05, 2018 @ 1:44 PM

DLA Piper (Canada) hires associate

Nivedhya (Nivi) Ramaswamy is the latest associate to join DLA Piper (Canada) LLP. ... [read more]

Thursday, April 05, 2018 @ 12:06 PM

Court clarifies remedy for disclosure of litigation agreements between parties in lawsuit Donald Dacquisto sm

The Ontario Court of Appeal has allowed an appeal in a decision that reinforces the principles in Aecon Buildings v. Stephenson Engineering Limited 2010 ONCA 898 over disclosure of litigation agreements. ... [read more]