Focus On

Civil Litigation


Wednesday, September 25, 2019 @ 7:56 AM

CIVIL PROCEDURE - Intervenors - Attorney General - Requirement of interest

Applications by seven organizations, the BC Attorney General and one individual, L, for leave to intervene in an appeal from orders made in a family law dispute between a 14-year-old transgender youth, AB, and his father regarding the administration to AB of hormone treatment that was recommended by his physicians for gender dysphoria. ... [read more]

Tuesday, September 24, 2019 @ 12:14 PM

Gene genie: Why criminal law power to protect genetic information is constitutional Bluebodyscience

Science can now peer into the very code of life, the recipe that makes up who we are. DNA testing can tell, with a high degree of certainty, whether we are likely to fall prey to certain illnesses or transmit them to our descendants. ... [read more]

Tuesday, September 24, 2019 @ 10:27 AM

Timing liability under subsection 160(1) in Eyeball Networks case: Final analysis Clock with calendar

In the second part of this analysis of the Tax Court of Canada’s decision in Eyeball Networks Inc. v. Canada 2019 TCC 150, I conclude with an analysis of the TCC’s application of its interpretation of the meaning of the phrases “at the time” and “at that time” in subparagraph 160(1)(e)(i) of the Income Tax Act to the facts before the court. ... [read more]

Monday, September 23, 2019 @ 1:43 PM - Last Updated: Monday, September 23, 2019 @ 2:31 PM

SCC judges kick off week-long trip to Manitoba with press conference at Winnipeg law courts Richard Wagner

The Supreme Court’s nine judges kicked off their high-profile week-long trip to Winnipeg with a news conference by Chief Justice of Canada Richard Wagner and Chief Justice of Manitoba Richard Chartier. ... [read more]

Monday, September 23, 2019 @ 8:34 AM

Limitation periods in estate litigation: Dependant support claims alarm_clock_sm

This is the third and final article regarding the limitation periods in estate litigation matters. This article will focus on some of the statutory limitation periods which apply in the context of dependant support claims. ... [read more]

Friday, September 20, 2019 @ 1:50 PM

SCC certifies class action, upholds lower court’s decision on ‘umbrella purchasers,’ limitation period Russell Brown sm

The Supreme Court of Canada dismissed appeals brought by manufacturers Pioneer Corporation and Toshiba Corporation in a class action certification commenced by a B.C. businessman who accused the electronics firms of “price-fixing” optical disc drives (ODDs), which would include CD, DVD and Blu-ray products. ... [read more]

Friday, September 20, 2019 @ 1:30 PM

PARTIES - Class or representative actions - Certification

Appeals from a judgment of the British Columbia Court of Appeal affirming a decision certifying a class proceeding under the British Columbia Class Proceedings Act. ... [read more]

Friday, September 20, 2019 @ 9:40 AM

Adding up cost of construction delays construction_costs_sm

No one likes delays. Whether it’s a rain delay at a sporting event or a subway delay stuck somewhere beneath the city of Toronto, delays cost us time that we would rather have spent doing something else. Sometimes, however, delays can cost not only time, but money as well. In this article, we discuss some of the key issues in calculating economic losses in construction delay claims. ... [read more]

Friday, September 20, 2019 @ 9:03 AM

Class action settlement shows importance of litigating more than just ‘blockbuster’ cases: lawyer Jonathan Foreman, Harrison Pensa LLP

A settlement has been reached in a class action involving misrepresentation in a takeover bid, a case the plaintiffs’ lawyer is calling the first of its kind in Canada. ... [read more]

Friday, September 20, 2019 @ 6:21 AM

CIVIL PROCEDURE - Striking out pleadings or allegations - Time

Appeal by the defendant from the dismissal of his application to extend the deadline for service of his affidavit of documents and the striking of his statement of defence and counterclaim. ... [read more]