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Civil Litigation

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Tuesday, July 24, 2018 @ 8:50 AM

LIMITATION OF ACTIONS - Time - Discoverability

Motion by the defendant for leave to amend its statement of defence and for summary judgment to dismiss the plaintiff’s claim as time-barred. ... [read more]

Monday, July 23, 2018 @ 9:32 AM

Arbitration: When questions of law should be referred to the courts court_question_sm

Subsection 8(2) of the Ontario Arbitration Act, 1991 permits the arbitrator and the parties to refer a question of law to the courts. While there is no case law on this provision and how and when it is to be exercised, general parameters that can be placed around this provision that are worthy of discussion. ... [read more]

Monday, July 23, 2018 @ 9:25 AM

RAILWAYS - Bridges

Appeal by the City of Thunder Bay from a judgment interpreting a 1906 bridge construction contract with the Canadian National Railway Company. ... [read more]

Friday, July 20, 2018 @ 9:25 AM

Uniform Law Conference of Canada tackles e-discovery harmonization Crystal O’Donnell

Efforts are underway to establish rules that would govern the e-discovery process across the country, and a big step towards that goal is expected to take place in August 2018. ... [read more]

Thursday, July 19, 2018 @ 5:36 AM

CIVIL PROCEDURE - Class or representative actions - Certification

Appeal by the representative plaintiff in a class action, Thorne, from an order certifying a counterclaim by the defendant, the College of the North Atlantic. ... [read more]

Wednesday, July 18, 2018 @ 11:47 AM

Development of character, plot and style will make better lawyers, says author William_Bernhardt_sm

Lawyer like a thriller writer. There are lots of authors within that genre of popular fiction from whom to learn and take cues: Robert Crais, Stephen Hunter, Michael Connelly, Lee Child and Canada’s own Linwood Barclay, for example. And William Bernhardt. Bernhardt, the U.S.-based lawyer turned New York Times bestselling author, has long formed common threads between the fact-driven, buttoned-down practice of law and the freewheeling fancy of fiction writing. ... [read more]

Wednesday, July 18, 2018 @ 9:41 AM

Access issues abound with new Nova Scotia cybersafety laws, says expert Wayne_MacKay_sm

A Nova Scotia legal scholar is echoing concerns about that province’s newest cybersafety legislation, citing access to justice challenges victims could face when attempting to have intimate images removed from the Internet. Professor Wayne MacKay, of Dalhousie University’s Schulich School of Law in Halifax, says that while there are positive points to Nova Scotia’s just-passed Intimate Images and Cyber-Protection Act, there are issues when it comes to victims accessing the courts and, in some cases, their possible “re-victimization” should they get that far. ... [read more]

Wednesday, July 18, 2018 @ 9:04 AM

Court confirms standard of care of occupier under s. 3 of Occupiers’ Liability Act wintercarnival_sm.jpg

Municipalities and cities often host events to bring their citizens together to create a sense of community and spirit amongst its residents. Whether it be through fairs, sport, cultural events or seasonal festivals, a function of government is to engage with its citizenry outside of the mundane roles of law and order and tax collector. However, when undertaking such community based programs, a municipality’s exposure to liability becomes more prevalent. Recently, the Ontario courts had an opportunity to consider the potential liability of a municipally in such a circumstance. ... [read more]

Tuesday, July 17, 2018 @ 10:07 AM

JUDICIAL REVIEW AND STATUTORY APPEAL - Standard of review - Reasonableness

Application by an auction house for judicial review of a Canadian Cultural Property Export Review Board decision to delay the issue of an export permit. ... [read more]

Tuesday, July 17, 2018 @ 8:58 AM

International Association of Defense Counsel pushes for class action reform in Ontario Gordon McKee sm

The International Association of Defense Counsel (IADC) has thrown its hat into the ring for class action reform in Ontario after the Law Commission of Ontario (LCO) released a call for consultation in its review of the Class Proceedings Act. The LCO’s review, which was launched in October 2017, is the first independent, evidence-based evaluation of the Act since it was enacted in 1993. When the law commission’s call for consultation went out in March 2018, the IADC sent in a list of recommendations in support of reform. ... [read more]