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Civil Litigation

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Thursday, February 01, 2018 @ 10:37 AM

Multi-corporation fraud decision advances case law on knowing assistance, counsel says Shara Roy sm

The Ontario Court of Appeal has allowed an appeal in a case involving a multi-million dollar real estate fraud it described as a “shell game” that left multiple parties competing for compensation. The decision, counsel says, advances the case law on knowing assistance. ... [read more]

Thursday, February 01, 2018 @ 8:46 AM

CIVIL PROCEDURE - Disposition without trial - Dismissal of action - Delay or failure to prosecute

Appeal by the plaintiff from a decision allowing the respondents’ appeal from a Master’s order reinstating the appellant’s action to the trial list. ... [read more]

Thursday, February 01, 2018 @ 8:32 AM - Last Updated: Friday, February 02, 2018 @ 3:50 PM

What Chuvalo decision says about litigation guardianships in family law

The use of a litigation guardianship in family law proceedings has recently come into the limelight through recent news about Canadian boxing legend George Chuvalo, now 80 years of age. ... [read more]

Thursday, February 01, 2018 @ 7:18 AM

CLA says post-trial mental health support for jurors should extend also to defence counsel Breese Davies

Grisly images of people being murdered, tortured, or sexually abused are the stuff of nightmares and, unfortunately, also of criminal trials. ... [read more]

Wednesday, January 31, 2018 @ 1:19 PM

McCarthy Tétrault announces 18 new partners

Eighteen new members have been added to the ranks of partnership at McCarthy Tétrault LLP. ... [read more]

Wednesday, January 31, 2018 @ 9:35 AM

Raibex decision: Ontario Court of Appeal clarifies ‘no disclosure’ franchise_disclosure_sm

In an important decision released on Jan. 25, 2018, followed closely by the franchise bar, the Court of Appeal for Ontario reversed a controversial decision of a Toronto Superior Court motion judge in Raibex Canada Ltd. v. ASWR Franchising Corp. in favour of the franchisor which operates the AllStar Wings & Ribs franchise.   ... [read more]

Tuesday, January 30, 2018 @ 9:34 AM

In Quebec, know your legislation in order to avoid appeals

In six brief paragraphs, Quebec’s Appeal Court recently applied a crucial rule of civil procedure governing appeals from the Court of Quebec. In doing so, it provided litigants a blunt reminder of certain limits to dispute resolution in Quebec. ... [read more]

Tuesday, January 30, 2018 @ 9:07 AM

CORPORATIONS - Oppression remedy - Standing - Complainant - Grounds - Conduct that unfairly disregards the interest of any security holder, creditor, director or officer

Appeal by the defendants from trial judgment granting the respondent a remedy for oppression. ... [read more]

Tuesday, January 30, 2018 @ 7:01 AM

Indigenous jurists made up 21% of applicants for SCC vacancy Kim Campbell

Fourteen jurists vied last fall to fill the Supreme Court’s western vacancy — of which 21 per cent self-identified as Indigenous, according to the Independent Advisory Board for Supreme Court of Canada Appointments, chaired by former prime minister Kim Campbell. ... [read more]

Monday, January 29, 2018 @ 12:10 PM

U.S. firm names three Canadian-based partners

Among the 20 new partners and five new counsel appointed by Chicago-based Baker McKenzie, three are in the firm’s Toronto office. ... [read more]