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Civil Litigation

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Tuesday, May 14, 2019 @ 8:27 AM

AGENCY - What constitutes

Appeal by the defendant from a decision dismissing its motion for summary judgment to dismiss the respondents’ action for damages arising from the restoration activities undertaken at their home. ... [read more]

Monday, May 13, 2019 @ 12:22 PM

Use of sketches in discovery upheld by Appeal Court Karen_Bennett-Clayton_sm

A Nova Scotia appeal decision in an ongoing civil action involving a three-way car crash has “solidified” the long-standing practice of lawyers having witnesses sketch scenes during pretrial discovery hearings. ... [read more]

Monday, May 13, 2019 @ 11:12 AM

CIVIL PROCEDURE - Applications and motions

Appeal by Freeman from the dismissal of her motion to convert the respondents’ application into an action. ... [read more]

Monday, May 13, 2019 @ 9:22 AM

Ontario goes beyond common law in proposed Crown liability act crown_umbrella_sm

The much discussed proposed Crown Liability and Proceedings Act, 2019, (CLAPA) is contained in Schedule 17 of Ontario’s 2019 budget bill. If enacted, CLAPA would repeal the Proceedings Against the Crown Act (PACA), which has served as a litigator’s roadmap to suing the provincial Crown in Ontario since 1963. ... [read more]

Friday, May 10, 2019 @ 5:41 PM

SCC rules immigration detainees can apply to provincial superior courts for habeas corpus Nico Breed

The Supreme Court of Canada has affirmed 6-1 that persons detained pursuant to the Immigration and Refugee Protection Act (IRPA) may seek habeas corpus review in superior court when the detainee contends that the detention’s length, uncertain duration or conditions are illegal. ... [read more]

Friday, May 10, 2019 @ 2:08 PM

Spiegel Sohmer adds two lawyers

Spiegel Sohmer announced that two new lawyers, Talia Bensoussan and Alessandra Lubrina have joined the Montreal firm. ... [read more]

Friday, May 10, 2019 @ 8:36 AM

BARRISTERS AND SOLICITORS - Compensation - Estimates

Application by the client to extend the time limit to review 15 accounts for fees of $2,850,000 issued by the law firm. ... [read more]

Thursday, May 09, 2019 @ 4:57 PM - Last Updated: Thursday, May 09, 2019 @ 11:47 PM

SCC says Clément Gascon in ‘good health’ after judge went missing in Ottawa for hours Gascon_sm

Supreme Court of Canada Justice Clément Gascon, who was reported missing for several hours on May 8 by Ottawa police before he was located “safe and sound” — reportedly in hospital — is “in good health,” according to his family. ... [read more]

Thursday, May 09, 2019 @ 9:17 AM

Habeas corpus and immigration detention: Top court to weigh in immgration_jail_sm

As mentioned in our previous article, the Supreme Court of Canada is expected to weigh in on availability of a writ of habeas corpus to those being held in immigration detention in Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina, Docket 37770. ... [read more]

Thursday, May 09, 2019 @ 8:40 AM

Caster Semenya, gender and Court of Arbitration for Sport | Richard Pound

On April 30, the Court of Arbitration for Sport (CAS) dismissed proceedings seeking arbitration filed by South African runner, Caster Semenya, in respect of regulations adopted by the International Association of Athletics Federations (IAAF), the international sports federation that governs the sport of athletics (track and field). The regulations pertained to the eligibility for female competitions of athletes with differences of sex development (referred to as the DSD regulations) to compete in the female classification in certain events at international athletics competitions. ... [read more]