Focus On

Civil Litigation


Monday, January 14, 2019 @ 10:37 AM

CIVIL EVIDENCE - Documentary evidence - Sealed evidence

Application by the defendant PacNet Services Ltd. (PacNet) and the Day Defendants for a sealing of the entire court file. ... [read more]

Friday, January 11, 2019 @ 1:29 PM

ELECTIONS - Voters or electors - Qualifications - Residency

Appeal by Frank and Duong from a judgment of the Ontario Court of Appeal setting aside a decision that found provisions of the Canada Elections Act (Act) unconstitutional and of no force or effect. ... [read more]

Friday, January 11, 2019 @ 11:39 AM - Last Updated: Friday, January 11, 2019 @ 5:07 PM

Supreme Court strikes down federal voting limits on Canadian expatriates Richard Wagner

In a landmark judgment on the Charter-guaranteed right to vote, the Supreme Court of Canada has declared unconstitutional federal provisions (that were recently amended by Parliament) that barred expatriate Canadians who were residing abroad for five years or more from voting in federal elections. ... [read more]

Friday, January 11, 2019 @ 9:35 AM

Feds toughen, expand list of integrity regime offences | Julius Melnitzer

The federal government’s changes to the integrity regime, which came into force on Jan. 1, 2019 to help ensure it does business with ethical suppliers in Canada and abroad, could well be a wake-up call for business. ... [read more]

Thursday, January 10, 2019 @ 1:04 PM

Cases that will make a difference | Sam Goldstein

Here are my three most important legal cases that I think we will be seeing the political and legal ramifications from for years ahead. ... [read more]

Thursday, January 10, 2019 @ 9:13 AM

AIR TRANSPORTATION - Liability - Civil actions

Appeal by the Workers’ Compensation Board of British Columbia (WCB) from an order dismissing a subrogated negligence claim. The subrogated claimant, Forest, suffered injuries in an airplane crash. ... [read more]

Wednesday, January 09, 2019 @ 8:13 AM

DEFAMATION - Power of appeal court to interfere with damage award

Appeal by Canwest from an order of damages awarded to the respondent for defamation. Cross-appeal by the respondent from the partial dismissal of his defamation claim. ... [read more]

Tuesday, January 08, 2019 @ 6:33 AM

Ontario court deems Uber’s mandatory arbitration clause ‘unconscionable’ Danielle Stampley sm

The Ontario Court of Appeal has reversed a lower court decision in a proposed class action against Uber. The court determined that the company’s arbitration provision, which sends matters for arbitration to the Netherlands, represents an “unfair bargain” and is “unconscionable.” In Heller v. Uber Technologies Inc. 2019 ONCA 1, the court heard that the appellant, David Heller, is licensed to use the Uber Driver App so he can deliver food to people in Toronto. Heller launched a proposed class action against Uber Technologies Inc. on behalf of any person, since 2012, who has worked, or continues to work, for Uber in Ontario as a partner or independent contractor. ... [read more]

Monday, January 07, 2019 @ 9:00 AM

Ombudsman not protecting rights of taxpayers tax_bombs_sm

Although not an actual law as it is in the United States, the Taxpayer “Bill of Rights” sets out 16 rights, eight of which are within the mandate of the Taxpayers’ Ombudsman’s office. ... [read more]

Monday, January 07, 2019 @ 7:27 AM

LIMITATION OF ACTIONS - Time - When time begins to run

Appeal by Fishery Products International from a summary trial ruling that the claim brought by the respondents, the Roses, was within time. ... [read more]