Focus On

Civil Litigation


Thursday, June 25, 2020 @ 12:30 PM

B.C. Court of Appeal extends suspension of service and filing deadlines

The B.C. Court of Appeal announced it has extended the suspension of service and filing deadlines for existing appeals and chambers applications. ... [read more]

Thursday, June 25, 2020 @ 9:47 AM

Ontario greenhouse gas emissions targets violate Charter, lawsuit argues Dayna Scott, Osgoode Hall Law School

A group of nine young people have taken the Ontario government to court, arguing its greenhouse gas emission (GHG) targets are inadequate to meet the challenges associated with climate change and violate their constitutional rights. The focus of the lawsuit, which has been filed in the Superior Court of Justice, is the GHG emission reduction set by the Ford government in the Cap and Trade Cancellation Act, 2018 and later articulated in its “made in Ontario” environmental plan, which aims to reduce GHG emissions by 30 per cent below 2005 levels by 2030. ... [read more]

Thursday, June 25, 2020 @ 5:59 AM

AIR TRANSPORTATION - Regulation - Complaints about air carriers

Motion by Air Passenger Rights (APR) for interlocutory injunctive relief. APR was an advocacy group on behalf of airline passengers. ... [read more]

Wednesday, June 24, 2020 @ 2:11 PM

Justice and the pandemic: Pushing for modernization canada_COVID-sm

As Ontario Superior Court Chief Justice Geoffrey Morawetz sees it, Canada’s poor ranking in the Enforcing Contracts indicator found in the World Bank’s Doing Business 2020 study is but one measure by which the effectiveness of our courts should be gauged. The study, which tracks the time and cost for resolving a commercial dispute through a local first-instance court and the extent to which nations have adopted practices that promote quality and efficiency in the court system, ranked Canada a lowly 100 of the 190 nations surveyed. ... [read more]

Wednesday, June 24, 2020 @ 9:22 AM

Door still open to social host liability even after B.C. judge denies latest claim: lawyers Bill Dick

Lawyers on both sides of B.C.’s personal injury bar say social host liability cases will continue to flow even after a B.C. Supreme Court judge rejected the latest attempt to establish a claim. In McCormick v. Plambeck 2020 BCSC 881, B.C. Supreme Court Chief Justice Christopher Hinkson declined to hold two parents who hosted a teenage birthday party responsible for injuries suffered by one of the guests in a fatal crash following the event. ... [read more]

Wednesday, June 24, 2020 @ 9:14 AM

Companion animal rules trump condo bylaws dogpawandhand.jpg

In part one of this article on emotional support animals in stratas, I outlined the basic analysis undertaken by the B.C. Human Rights Tribunal in making its decision in Daughter by Parent v. The Owners, A Strata 2020 BCHRT 105. The adjudicator held that the strata corporation in question needed to make room for the child’s dog because the child needed the dog for her health and to be without her emotional support dog, the child would suffer an adverse effect. ... [read more]

Wednesday, June 24, 2020 @ 8:51 AM

Ethics during the pandemic: Avoiding Faustian bargain | Joël Roy

As trial attorneys, to say our professional (and, often, personal) lives have been turned upside down by COVID-19 would be a major understatement. Postponed trials, anxious clients and a growing sense of helplessness have surely marked our practices in these troubled times. Yet, many of us see the justice system’s increased openness to technology as one potential silver lining. Indeed, courts now seem more and more willing to engage in remote hearings, virtual discovery and e-filing, which is truly something to celebrate amidst the otherwise chaotic state of litigation across the country. ... [read more]

Wednesday, June 24, 2020 @ 6:59 AM

MORTGAGES - Payment - Prepayment

Appeal by the defendant from an order certifying an amended claim based on statutory illegality in a class action alleging that certain prepayment provisions in a mortgage contract were illegal. ... [read more]

Tuesday, June 23, 2020 @ 3:41 PM

New associate chief justice named to Nova Scotia Supreme Court

Patrick J. Duncan, a judge of the Supreme Court of Nova Scotia for almost 13 years, has been appointed the new associate chief justice for the court. ... [read more]

Tuesday, June 23, 2020 @ 2:55 PM

Supreme Court sees no absurdity in Court of Appeal decision in light of Vavilov Supreme Court of Canada2

On June 4, the Supreme Court of Canada dismissed with costs Economical Mutual Insurance Company’s application for leave to appeal the Ontario Court of Appeal’s decision in Tomec v. Economical Mutual Insurance Company 2019 ONCA 882. The Court of Appeal allowed the insured’s appeal from an application for judicial review of a decision of the Licence Appeal Tribunal (LAT), upheld by the Divisional Court, where Economical had successfully raised a limitation defence. ... [read more]