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Civil Litigation


Wednesday, November 07, 2018 @ 9:01 AM

Alberta decision: Re-serve formal offer or no double cost award formal_offer_sm

It is trite to state that parties who beat their formal offers in Alberta’s courts are entitled to double costs for every step taken after service of the formal offer. However, when a party has served a formal offer and is successful in its summary dismissal application before a master, recent comments from the Alberta Court of Queen’s Bench indicate it is incumbent upon that party to re-serve its formal offer in the face of an appeal to secure an entitlement to double costs after the appeal is dismissed. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]

Tuesday, November 06, 2018 @ 1:49 PM

Take off blinkers and ban exploitive horse drawn carriages | Victoria Shroff

Riding in horse drawn carriages used to be common 100-plus years ago in Canada. Times change. Knowledge grows. Using horses to pull carriages is seriously antiquated and should be relegated to the past. ... [read more]

Tuesday, November 06, 2018 @ 8:50 AM

BARRISTERS AND SOLICITORS - Court appearances - Liability for costs

Appeal by Krekovic, counsel for the plaintiff in the underlying action, from an order for special costs made against him personally. ... [read more]

Monday, November 05, 2018 @ 10:51 AM

Access to Justice: Highs and lows of Pro Bono Week | Thomas Cromwell

The last week of October is Pro Bono Week, a global celebration of the pro bono ethic in our profession. Across Canada and around the world, thousands of legal professionals provide their services without cost for the public good. In Canada, where there is a wide and growing gap between the need for legal services and people’s ability to gain access to them, pro bono is a part of the effort necessary to fill that gap. ... [read more]

Monday, November 05, 2018 @ 8:43 AM

FINANCE - Taxation - Real or immovable property assessment

Application by Baffinland Iron Mines Corporation (BIM) and Qikiqtani Inuit Association (QIA) for judicial review of the refusal by the Territorial Board of Revision (TBR) to hear their complaints. ... [read more]

Friday, November 02, 2018 @ 5:12 PM - Last Updated: Tuesday, November 06, 2018 @ 11:32 AM

Federal judiciary urges senators to change ‘unconstitutional’ bill requiring judges to publicly disclose expenses for first time Pierre Dalphond

The federal judiciary’s warning that Ottawa’s move to compel named individual judges to publicly disclose their travel and other business expenses breaches judicial independence got more traction at the Senate this week, than it did in the House of Commons a year ago. ... [read more]

Friday, November 02, 2018 @ 10:32 AM - Last Updated: Friday, November 02, 2018 @ 11:54 AM

N.L.’s bid to overturn Churchill Falls power contract out of time, unjustified under Quebec civil law: SCC Clément Gascon

In an important civil law judgment on the concepts of good faith and equity in contract law, the Supreme Court of Canada has 7-1 dismissed Newfoundland’s bid to reopen a 65-year contract obliging that province to sell power from its Churchill Falls power station to Hydro-Quebec at prices drastically below market rates. ... [read more]

Friday, November 02, 2018 @ 8:50 AM

Women applicants for federal benches rated ‘highly qualified’ more often than male lawyers, new data shows Jody Wilson-Raybould

Women lawyers who apply for the federal benches are more often assessed to be “highly qualified” than their male counterparts, according to new statistics released by the Office of the Commissioner for Federal Judicial Affairs. ... [read more]

Friday, November 02, 2018 @ 7:49 AM

NEGLIGENCE - Duty and standard of care

Appeal by the auditor from the summary judgment granted against it in favour of the respondent class. ... [read more]