Focus On

Civil Litigation

Latest

Wednesday, February 27, 2019 @ 8:10 AM

PRACTICE AND PROCEDURE - Parties

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]

Friday, February 22, 2019 @ 9:18 AM

No ‘inappropriate’ pressure in SNC-Lavalin case: Wernick; Lametti says AG independent but ‘not an island’ David lametti

Canada’s top civil servant says that, in his view, no “inappropriate pressure” was ever exerted by the Prime Minister’s Office (PMO) on the former attorney general of Canada to shelve a criminal fraud prosecution of SNC-Lavalin in favour of a deferred prosecution agreement (DPA) — although Clerk of the Privy Council Michael Wernick predicted that Jody Wilson-Raybould will nevertheless publicly “express concern” next week about her interactions with the PMO in the SNC-Lavalin matter. ... [read more]

Friday, February 22, 2019 @ 8:31 AM

PLANNING AND DEVELOPMENT - Development permits - Relationship to bylaws

Application by CFPM Management Services for permission to appeal a decision by the City of Edmonton Subdivision and Development Appeal Board. ... [read more]

Thursday, February 21, 2019 @ 1:22 PM

Some problems with mandatory pro bono | Scott Reid

In a recent interview with The Lawyer’s Daily, Chief Justice of Canada Richard Wagner announced that to reduce delay and backlog “lawyers realize that they have to do something also, pro bono work, for instance.” Allow me to be blunt for a moment. The chief justice is, respectfully, out of touch if this is his solution. ... [read more]

Thursday, February 21, 2019 @ 9:50 AM

Chief justice’s remarks spark debate over mandatory pro bono for lawyers  Raymond Adlington

Canadian Bar Association (CBA) president Raymond Adlington says he does not agree with Chief Justice of Canada Richard Wagner that it would be “very good” if lawyers were required to do some free legal work in order to help alleviate court backlogs and improve the public’s access to justice. ... [read more]

Wednesday, February 20, 2019 @ 2:20 PM

Two new associates join Stewart McKelvey

Stewart McKelvey announced that former articled clerks Brandon Gillespie and Anthony Granville are beginning their careers at the St. John’s firm as associates. ... [read more]

Wednesday, February 20, 2019 @ 7:59 AM

CROWN - Contracts with Crown - Formation

Application by the Crown for judicial review of a decision by the Canadian International Trade Tribunal. ... [read more]