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Civil Litigation

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Tuesday, November 13, 2018 @ 9:02 AM

Valuing a privately held corporation: Normalization adjustments business_value_sm

When valuing a privately held business, there are several valuation approaches and techniques which Chartered Business Valuators (CBV) may use to determine a company’s value. One such method used is the income-based approach, which looks at a company’s earnings or cash flows. ... [read more]

Monday, November 12, 2018 @ 2:52 PM

Feds appoint Goodmans partner to Ontario Court of Appeal

The federal Department of Justice announced on Nov. 9 that Benjamin Zarnett, a partner at Goodmans LLP, has been appointed to the Court of Appeal for Ontario. He replaces Justice S.E. Pepall, who elected to become a supernumerary judge effective April 6, 2018. ... [read more]

Monday, November 12, 2018 @ 9:30 AM

ACTIONS - Limitation periods - Adding or removing parties

Appeal by the plaintiff from a decision of a motions judge dismissing her motion to add the respondent insurer as defendant on the basis that the limitation period had expired. ... [read more]

Friday, November 09, 2018 @ 12:46 PM

Federal judges’ travel and other work-related expenses were $34 million in 2017-2018, senior official discloses Marc Giroux

Canada’s 1,181 federal judges spent nearly $34 million in the past fiscal year on job-related travel, education, public outreach and representation, and incidentals, the Commissioner for Federal Judicial Affairs has informed the Senate. ... [read more]

Friday, November 09, 2018 @ 9:22 AM

Two associates join Lerners’ Toronto office

Lerners LLP announced that Lindsay Woods and Justin Martin have joined the firm as associates in the Toronto office. ... [read more]

Friday, November 09, 2018 @ 8:26 AM

PROCEEDINGS - Settlements

Appeal by the plaintiff from the apportionment of negligence between the parties and from the trial judge’s determination of interest and the impact of the Pierringer agreements. ... [read more]

Friday, November 09, 2018 @ 8:22 AM

Cyberbullying, Norwich orders and the NHL star’s wife smartphone_info_sm

In Caryk v. Karlsson 2018 ONSC 5739, the Ontario Superior Court of Justice refused to compel Erik Karlsson’s wife to turn over evidence relating to allegations that she was cyberbullied by the partner of one of her husband’s former teammates. In doing so, Justice Anne Mullins provided an overview of the Norwich order remedy and determined that the interests of justice would not be well served by granting this type of relief. The decision confirms that Norwich orders are extraordinary remedies that may even be refused in cases involving allegations of cyberbullying. ... [read more]

Thursday, November 08, 2018 @ 8:30 AM

CIVIL PROCEDURE - Judgments and orders - Stay of

Application by the Attorney General for a stay pending appeal of an order by an application judge finding that the relevant provisions of Bill 5, the Better Local Government Act, 2018, infringed s. 2(b) of the Charter. ... [read more]

Wednesday, November 07, 2018 @ 3:12 PM

‘Massive’ budget implementation bill replete with legal measures of note to bar and clients Jan Borowy

The Trudeau government’s latest jam-packed budget implementation bill (Bill C-86), which is under scrutiny this week at the Commons Finance Committee, includes scores of proposed regulatory measures — many of them unheralded and deserving of lawyers’ attention. ... [read more]

Wednesday, November 07, 2018 @ 11:31 AM

Aggressive pharma litigants sanctioned by massive costs award two men and pigbank

On Oct. 23, 2018, Justice Michael Phelan issued a brief nine-page decision on a motion for costs in Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research 2018 FC 259, that would hardly be worthy of mention if it had not awarded a whopping $3.48 million in costs to the defendants, who had successfully defended against a patent impeachment action and won their counterclaim for infringement against Hospira Healthcare Corporation and additional parties to the counterclaim (Hospira Parties). ... [read more]