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Civil Litigation


Tuesday, January 07, 2020 @ 6:27 AM

ACCESS TO INFORMATION AND PRIVACY - Legislation - Provincial and territorial - Standing

Appeal by Bay Ferries from the dismissal of its motion for summary dismissal of the respondent’s appeal of the Province’s decision that declined a disclosure of information request. ... [read more]

Monday, January 06, 2020 @ 2:42 PM

Multiple masters: A modern lawyer’s dilemma | Gary Joseph

The website for the Law Society of Ontario (LSO) states that it exists to govern the legal profession in the public interest. LSO governs its members through the Rules of Professional Conduct (the Rules). Professional standards for lawyers are governed by these regulatory codes but also by legal standards determined and imposed by the courts and by statute. The distinction between regulatory and court-imposed standards are often theoretical but at times not. The most recent example of where these standards may conflict can be found in the now resolved dispute between lawyer Joseph Groia and the LSO. ... [read more]

Monday, January 06, 2020 @ 11:51 AM

Quebec court takes position on trigger theories in liability insurance Hand stops falling blocks

In the recent decision Groupe Royal Inc. v. Crewcut Investments Inc. 2019 QCCA 1839, the Court of Appeal of Quebec confirmed the application in Quebec insurance law of the “continuous trigger” theory when apportioning damages to various liability insurers over a span of several policy periods in cases where the claimed damages occurred gradually and over a certain period of time. ... [read more]

Monday, January 06, 2020 @ 10:34 AM

Lenczner Slaght founding partner retires

Alan Lenczner, founding partner of the Toronto litigation firm of Lenczner Slaght, has announced his retirement. ... [read more]

Monday, January 06, 2020 @ 9:44 AM - Last Updated: Monday, January 06, 2020 @ 11:23 AM

Defendants in personal injury case settled out of court jointly liable for costs, court rules Alan Rachlin sm

The Ontario Court of Appeal has allowed an appeal, in part, regarding costs to be paid by jointly liable defendants in a personal injury dispute. Counsel involved in the case said the court has set “new rules for allocating costs between defendants when cases are settled out of court.” ... [read more]

Monday, January 06, 2020 @ 8:32 AM

Equine law: Protecting you and your four-legged friend Horse heads

Equine law is the practice of law that involves all types of horses, horse-related professions, activities, industries, businesses, facilities and organizations. ... [read more]

Monday, January 06, 2020 @ 8:21 AM

Laying the groundwork for admission of expert evidence brick_wall_sm

A recent decision by Ontario Superior Court Justice Phillip Sutherland, in an ongoing civil trial, emphasized the gatekeeper role of trial judges when considering the admissibility of expert evidence. ... [read more]

Friday, January 03, 2020 @ 2:30 PM

Will carbon majors have to pay for climate damage? Lawsuits Earth melting to water

The climate crisis is already causing large financial losses and much more is ahead. Governments and individuals will increasingly face overwhelming bills. Most of the fossil fuels that are driving this crisis have been produced and sold by 103 companies, the carbon majors. Can they be made to pay for the resulting damage? ... [read more]

Friday, January 03, 2020 @ 10:48 AM

Lawyer rejoins Stewart McKelvey as partner

Stewart McKelvey announced that Gary Demeulenaere has returned to the firm as a partner in the firm’s office in Charlottetown. ... [read more]

Friday, January 03, 2020 @ 6:48 AM

Alberta estate litigation pilot aims to resolve cases before positions become ‘entrenched and hardened’

The Alberta Court of Queen’s Bench has launched a pilot project intended to facilitate early resolution of litigation in estate matters. The estate litigation early intervention pilot project, which was announced in November, will involve a one-hour case conference available to individuals who have filed a statement of claim after Dec. 31, 2019. ... [read more]