Focus On

Civil Litigation


Tuesday, December 24, 2019 @ 11:37 AM

Quebec watchdog battle pits whistleblower protection vs. procedural fairness Jöel Roy

In a remarkably public skirmish pitting two Quebec watchdogs against each other, the former head of the Quebec Human Rights Commission lost a legal battle after the Superior Court recently held that she did not have the right to obtain information and documents from an investigation of her conducted by the Quebec ombudsperson (Protecteur du citoyen). ... [read more]

Monday, December 23, 2019 @ 1:32 PM

My letter to Santa Claws | Victoria Shroff

Dear Animal Santy or equivalent for St. Lucia Day, Kwanzaa, Hannukah, Solstice, Yalda, Christmas, Omisoka: ... [read more]

Monday, December 23, 2019 @ 10:46 AM

Environmental law 2020: Looking down the road highwaytohorizon

As the new year approaches, numerous environmental issues will continue to command the attention of litigators and legislators across Canada. ... [read more]

Monday, December 23, 2019 @ 8:37 AM

Ottawa appoints two judges in B.C.

The federal Department of Justice (DOJ) on Dec. 20 announced the appointment of two judges in British Columbia. ... [read more]

Monday, December 23, 2019 @ 6:18 AM

REGULATION OF PROFESSION - Legal practice - Unlawful practice

Appeal by Kalo from a permanent injunction prohibiting legal practice or provision of legal services. ... [read more]

Friday, December 20, 2019 @ 5:09 PM

SCC divides 7-2 in first post-Vavilov application of the new framework for judicial review Supreme Court Justice Malcolm Rowe

In its first post-Vavilov judicial review decision, the Supreme Court of Canada has divided 7-2 to reinstate as “reasonable” the decision of an appeals officer with the Occupational Health and Safety Tribunal Canada (OHSTC) who determined that Canada Post did not breach its workplace safety obligations by not inspecting for safety its postal carriers’ delivery routes and drop-off locations. ... [read more]

Friday, December 20, 2019 @ 2:23 PM

LifeLabs data breach renews call for tighter federal privacy protection from former commissioner Ann Cavoukian

The extent of the extensive cyberattack against LifeLabs is still unknown, but the consequences of the recently revealed massive privacy breach involving the personal information of about 15 million of its customers will be “significant,” according to one of Canada’s leading privacy lawyers. ... [read more]

Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Friday, December 20, 2019 @ 6:32 AM

CIVIL PROCEDURE - Parties - Intervenors - Charter litigation

Application by the Legal Aid Society of Alberta (LAS), Calgary Legal Guidance (CLG) and the Canadian Civil Liberties Association (CCLA) for permission to intervene in an appeal by the provincial Crown. ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]