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Civil Litigation

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Tuesday, June 19, 2018 @ 9:04 AM

Anonymity, jurisdiction, ‘unpublishing’ are frontline defamation issues, panel says

Two challenges dominate online defamation litigation: anonymity and jurisdiction. These issues, as well as the policy concerns raised by “unpublishing” materials posted online, were debated by a panel of industry experts at the Law Commission of Ontario’s (LCO) conference “Defamation Law and the Internet: Where Do We Go From Here?” ... [read more]

Monday, June 18, 2018 @ 2:21 PM

Cannabis impairment far different from alcohol impairment Stoneddriver_sm.jpg

The amendments to the Criminal Code through Bill C-46 are far reaching and significant. Originally, the intention was to pass this law in concert with the Cannabis Act to create new driving offences at the same time that marijuana was legalized. However, it appears that this bill is unlikely to come into force until well after the Cannabis Act is passed. ... [read more]

Monday, June 18, 2018 @ 9:52 AM

The Montreal riots: SCC decision will affect ‘common ventures’ in Quebec civil liability hockey_riot_sm

Everybody in the Bell Centre on April 21, 2018, remembers the Montreal Canadiens taking Game 7 of the Eastern Conference quarterfinals to defeat the Boston Bruins. Everybody outside the Bell Centre hours later must also remember that the celebrations turned into a riot that notably severely damaged police cars. The City of Montreal, having identified rioters who participated to the wreckage, filed legal proceedings seeking to hold jointly accountable all individuals for the damages sustained by each car. ... [read more]

Monday, June 18, 2018 @ 8:47 AM

ABORIGINAL STATUS AND RIGHTS - Duties of the Crown - Fair dealing and reconciliation

Action by five plaintiff First Nations for declaratory and related relief in respect of an aboriginal right to fish. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Friday, June 15, 2018 @ 9:31 AM

Defamation law reform requires consideration of reputation, community in Internet age Jamie Cameron sm

Updating defamation law in consideration of Internet speech, social media and digital publishing platforms is a necessary, but challenging task. The Law Commission of Ontario’s (LCO) current project on “Defamation Law in the Internet Age” has inspired legal academics across the world to engage in the discussion about setting the stage for reform. ... [read more]

Thursday, June 14, 2018 @ 4:31 PM

SCC affirms laws are not a ‘service’ open to challenge at a federal human rights tribunal Clément Gascon

The Supreme Court of Canada has unanimously upheld a human rights tribunal’s dismissal of complaints against the refusal to register certain people as “Indians” because their direct attack on the legislated eligibility requirements for registered Indian status does not amount to a complaint about the discriminatory provision of a “service” under s. 5 of the Canadian Human Rights Act (CHRA). ... [read more]

Thursday, June 14, 2018 @ 1:32 PM

Third party liability claims, other issues arising from Yonge Street van attack red&blueflashinglights_sm.jpg

In part one of this series I wrote about the accident benefits coverage issues arising from the April 23 Toronto van attack on Yonge Street. “But what about the other coverages under the standard auto policy?” you ask. ... [read more]

Thursday, June 14, 2018 @ 10:32 AM

Accountability erosion in tort system and special status to the car | Patrick Brown

The purpose of tort law is to compensate one person for the losses caused by another. You punch someone in the nose, you pay. It is a foundational principle of tort law that the plaintiff is to be restored to the position they were in, prior to the negligent actions of the defendant. As quoted, it cast a wide net of protection. Despite this however, over the years we have decided to abandon our basic principles of accountability and afford special status to those torts committed behind the wheel of the car. ... [read more]

Thursday, June 14, 2018 @ 9:01 AM

SUPPLIERS OF GOODS - Product liability - Manufacturers - Retailers

Appeal by Maple Leaf Foods and Maple Leaf Consumer Foods (“Maple Leaf”) from a motion judge’s decision on a summary judgment motion concluding Maple Leaf owed a duty of care to franchisees in relation to production, sale and distribution of ready-made meats and a duty of care with respect to representation that the meats were fit for human consumption. ... [read more]