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Civil Litigation

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Friday, March 29, 2019 @ 8:33 AM

BARRISTERS AND SOLICITORS - Disqualification or removal - Relationship with client

Application by Stanfield for directions as to whether Moodie could act for him in the Court of Appeal. ... [read more]

Thursday, March 28, 2019 @ 8:35 AM

DISPOSITION WITHOUT TRIAL - Frivolous, vexatious or abuse of process

Appeal by the plaintiff from a decision dismissing the plaintiff’s action on the ground that it was brought to silence the respondents on matters of significant public importance. ... [read more]

Wednesday, March 27, 2019 @ 2:22 PM

Intentional tortfeasor not held contributorily liable for injury threepeoplebehinddesk.jpg

In Stoney v. Sound Stage Performance Inc. 2019 SKCA 18 (Stoney), the Saskatchewan Court of Appeal held The Contributory Negligence Act, RSS 1978, c C-31, did not allow “a defendant sued in negligence to commence a third party proceeding for contribution or indemnity based on an alleged intentional tort.” (at para. 4). ... [read more]

Wednesday, March 27, 2019 @ 2:08 PM

Corporate director owes duty of care to injured workers: Alberta Court of Appeal

The Alberta Court of Appeal has ruled a director of a construction company was liable for injuries suffered on a job site, despite his arguing any negligent act that may have been committed was done as an employee and not an officer of the company. The respondent, Doug Stewart, is a director of DWS Construction. He was involved in the installation of a temporary staircase in a home that later collapsed, injuring a number of workers from another company. ... [read more]

Wednesday, March 27, 2019 @ 8:56 AM

Alberta Builders’ Lien Act gets some judicial attention construction_debt_sm

A recent decision of the Alberta Court of Queen’s Bench clarified that an owner’s express right to set-off in the prime contract can affect the requirements of the Alberta Builders’ Lien Act. ... [read more]

Friday, March 22, 2019 @ 9:58 AM

U.S. college cheating scandal casts spotlight on security of LSAT, law school admissions Kellye Testy

A sweeping U.S. Department of Justice indictment for large-scale bribery and cheating on the SAT entrance exam and in the admissions process for American colleges is raising questions among law deans and others about whether the LSAT or other aspects of the highly competitive law school admissions process in Canada are susceptible to cheating. ... [read more]

Friday, March 22, 2019 @ 8:55 AM

POWERS OF MUNICIPALITY - Dangerous dogs - Destruction

Motion by Santics for leave to appeal a decision confirming an order that her dog was to be destroyed. ... [read more]

Wednesday, March 20, 2019 @ 12:43 PM

Four associates join Miller Thomson

Miller Thomson announced that associates Eric Laxton, Asim Iqbal and Eduard Popov have joined the Toronto office, while associate Rebecca Grosz is the newest member of the firm’s office in Vaughan, Ont. ... [read more]

Wednesday, March 20, 2019 @ 12:11 PM

Proposed tort of harassment fails at Ontario Court of Appeal

The Ontario Court of Appeal has decided not to recognize a proposed tort of harassment in a dispute between the Royal Canadian Mounted Police (RCMP) and an employee, which has been ongoing since 2007. However, this may not be the last word on establishing the new tort, as counsel for the employee said it is “looking at seeking leave to appeal” to the Supreme Court of Canada. ... [read more]

Wednesday, March 20, 2019 @ 11:50 AM

Quebec court considers defamation predating limitation period clock_newspaper_sm

Quebec’s Appeal Court in Publications Léonardo ltée v. Ville de St-Lambert, 2019 QCCA 329 upheld a trial judgment denying a newspaper’s attempt to benefit from a shorter prescription period and limitation on damages granted by Quebec’s Press Act CQLR c P-19 because the newspaper had not filed its declaration under the Newspaper Declaration Act, CQLR c J-1. ... [read more]