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Civil Litigation


Monday, October 16, 2017 @ 8:35 AM

CIVIL PROCEDURE - Disposition without trial - Discontinuance

Appeal by the plaintiffs, Holterman and Tiffin, from refusal to set aside a discontinuance of their action against the defendants, Fish and the federal Crown, alleging misfeasance in public office. ... [read more]

Friday, October 13, 2017 @ 1:40 PM - Last Updated: Friday, October 13, 2017 @ 5:17 PM

SCC rules Quebec municipalities not shielded from derivative claims by six-month limitation period Wagner

The Supreme Court has ruled 5-2 that the family members of a woman murdered by her abusive ex-spouse are not time-barred from seeking compensation from the City of Montreal for the emotional distress and other personal damages they suffered as a result of the wrongful death they blame police for failing to prevent. ... [read more]

Friday, October 13, 2017 @ 12:55 PM

ACTIONS AGAINST MUNICIPALITY - Bringing action - Limitation period

Appeal by the City of Montréal (City) from a judgment of the Quebec Court of Appeal setting aside a decision concluding that the action filed by the Dorvals and Bien-Aimée against the City of was prescribed. ... [read more]

Friday, October 13, 2017 @ 11:18 AM

Federal Court of Appeal rules under-payment of fee didn't invalidate patent

In what was described as likely the first and last court proceeding to be undertaken under provisions of an old version of Canada’s Patent Act, the Federal Court of Appeal upheld a lower court’s decision that failure to pay the full fee for the patent of a medication did not render the patent invalid. ... [read more]

Friday, October 13, 2017 @ 10:41 AM

Quebec court case enforcing forum selection clause comes with ironic twist

The defendants relied on the clause while claiming that the agreements in which it was found were void. While Quebec courts respect parties’ undertakings to litigate elsewhere, litigants should assume that those same courts will accept and retain jurisdiction if they have been selected by the parties for the resolution of their disputes. ... [read more]

Thursday, October 12, 2017 @ 3:08 PM

SCC to hear novel case on lawyers’ liability for client referrals that go bad Doug Mitchell

The Supreme Court of Canada has announced it will address for the first time the legal jeopardy and financial liability faced by lawyers when their referrals of clients to other service providers turn sour. ... [read more]

Thursday, October 12, 2017 @ 12:57 PM

Fasken Martineau adds Montreal-based counsel

Jean H. Gagnon is the latest member of Fasken Martineau DuMoulin LLP's litigation and dispute resolution practice. ... [read more]

Wednesday, October 11, 2017 @ 2:40 PM

Overeager experts get wake-up call as they battle it out in environmental litigation Boxing

Experts are increasingly being reminded that they owe a duty of loyalty to the court or tribunal, not to clients, as outlined in the Rules of Civil Procedure in Ontario. At the same time, a clear message has been sent that communication between experts and environmental counsel is allowed, but it must not be improper or coercive. ... [read more]

Wednesday, October 11, 2017 @ 12:07 PM

Appeal Court ruling affirms maritime law applies in dispute over ship engine failure George Pollack

A lower court ruling that awarded $5.6 million to a vessel fleet operator was overturned by the Quebec Court of Appeal after it held that the trial judge erred by applying the Civil Code of Quebec to settle a dispute instead of Canadian maritime law. ... [read more]

Wednesday, October 11, 2017 @ 8:34 AM

CIVIL PROCEDURE - Pre-trial procedures - Preliminary determinations - Question of law

Appeal by the defendants from a preliminary ruling on a question of law. ... [read more]