Focus On

Civil Litigation


Friday, March 01, 2019 @ 9:52 AM

What the BMW dashcam saw dash camera

The year 2019 is already shaping up to be an important year in privacy news. A major DNA testing company has been sharing genetic data with the FBI; the European Union has started to prosecute for GDPR violations, and the Office of the Privacy Commissioner of Canada has commenced applying the guidelines for obtaining meaningful consent under the Personal Information Protection and Electronic Documents Act (PIPEDA). However, one of the most intriguing Canadian privacy issues involved a dashboard video camera. ... [read more]

Friday, March 01, 2019 @ 7:00 AM

CIVIL PROCEDURE - Pleadings - Striking out pleadings or allegations

Appeal by the plaintiff, Sidhu, from an order striking his statement of claim in respect of his action against various government and police defendants. ... [read more]

Thursday, February 28, 2019 @ 1:48 PM

LAWYERS - Duties and obligations - Duty to counsel - Business advice

Appeal by Salomon and his firm Sternthal Katznelson Montigny LLP (SKM) from a judgment of the Quebec Court of Appeal setting aside a decision of the Quebec Superior Court dismissing a professional negligence claim against them. ... [read more]

Thursday, February 28, 2019 @ 11:30 AM - Last Updated: Thursday, February 28, 2019 @ 4:42 PM

SCC rules lawyers can be liable for client referrals that go bad Clément  Gascon

In a cautionary tale for lawyers who refer clients to other service providers, the Supreme Court of Canada has 8-1 dismissed the appeal of a Montreal lawyer and his firm from a judgment below which holds them liable for the full $6.8 million their client lost after they unwittingly referred her to a financial adviser who later turned out to be a fraudster running a Ponzi scheme. ... [read more]

Thursday, February 28, 2019 @ 10:27 AM

Ex-AG alleges PM, senior officials tried to ‘politically interfere’ in SNC case; Trudeau ‘completely disagrees’ Jody Wilson-Raybould

In an accusation strenuously denied by Prime Minister Justin Trudeau, Jody Wilson-Raybould alleged that before he removed her as attorney general of Canada last month, she and her then-chief of staff experienced sustained “very inappropriate” political interference and escalating “extraordinary” pressure from senior government officials, including the prime minister and Clerk of the Privy Council Michael Wernick, to reverse her decision last fall not to shelve the criminal bribery prosecution of Montreal-based construction giant SNC-Lavalin in favour of a negotiated deferred prosecution agreement (DPA). ... [read more]

Wednesday, February 27, 2019 @ 8:11 AM

BARRISTERS AND SOLICITORS - Compensation - Contingency agreements

Appeal by the plaintiffs from an order finding their solicitors, Stockwoods, were entitled to payment under the terms of a settlement. ... [read more]

Wednesday, February 27, 2019 @ 8:10 AM


Appeal by the former wife of the deceased from refusal of variation of an order requiring prior leave to advance any claims against her former husband's estate, and from the order itself. ... [read more]

Monday, February 25, 2019 @ 2:46 PM

Lam v. Western: When is an academic dispute not ‘academic’? | Heather MacIvor mortarboard

The legal relationship between universities and their students is evolving. Having traditionally been shielded from liability, universities are now subject to actions for the enforcement of contractual obligations and a duty of care. But the scope of their potential liability is poorly defined, because students’ claims against their universities are rarely tried on the merits. Most are struck at the pleadings stage on the ground that the dispute is “academic.” ... [read more]

Friday, February 22, 2019 @ 2:22 PM - Last Updated: Friday, February 22, 2019 @ 3:40 PM

SCC clarifies what submission to foreign courts’ jurisdiction means under Civil Code of Quebec

The Supreme Court of Canada has clarified that a Quebec resident sued abroad who challenges the foreign court’s jurisdiction will be deemed by Quebec courts to have submitted to that foreign jurisdiction if the Quebecer made substantive arguments in the foreign court that, if accepted, would have resolved all or part of the dispute. ... [read more]

Friday, February 22, 2019 @ 2:05 PM

JURISDICTION - Submission to - Implied submission

Appeal by Barer from a judgment of the Court of Appeal of Quebec affirming a decision of the Superior Court which concluded a Utah court had jurisdiction over claims for fraudulent misrepresentation and unjust enrichment made by a Utah-based company and declared its judgement enforceable. ... [read more]