Focus On

Civil Litigation


Friday, March 26, 2021 @ 12:25 PM

When prisoners have right to privacy Dejected businessman wearing handcuffs

A detained person, even one who is guilty of an offence, still deserves to be treated with respect and dignity. In R. v. Paterson [2021] S.J. No. 22, the accused was found slumped over in the driver’s seat of a car. Signs of impairment were obvious and substantial. After being arrested and taken to the police station, Christine Paterson found herself in the cells at the police station. ... [read more]

Friday, March 26, 2021 @ 12:14 PM

Burnet, Duckworth & Palmer adds associate

Burnet, Duckworth & Palmer LLP welcomed Michael Low who has joined its dispute resolution group as an associate. ... [read more]

Friday, March 26, 2021 @ 12:10 PM

Manitoba, Saskatchewan react to Supreme Court carbon tax ruling

Manitoba will press on with its legal battle against the federal carbon tax, while Saskatchewan will introduce its own tax following the Supreme Court’s ruling that Ottawa’s carbon pricing is constitutionally sound. On March 25, the Supreme Court of Canada ruled 6-3 that the federal government’s implementation of its Greenhouse Gas Pollution Pricing Act (GGPPA) falls within its powers. ... [read more]

Friday, March 26, 2021 @ 11:21 AM

Alberta court interprets ‘judicial refresh’ of principles governing retroactive child support Books on top of large bills

In a series of important cases, the Alberta Court of Appeal and the Supreme Court of Canada have been engaged in a dialectic on the issue of retroactive child support, signalling a paradigm shift towards the more holistic and less anachronistic: DBS v. SRG 2005 ABCA 2; DBS v. SRG 2006 SCC 37; Michel v. Graydon 2020 SCC 24 and Henderson v. Micetich 2021 ABCA 103. ... [read more]

Friday, March 26, 2021 @ 8:41 AM

Impact of a pandemic on notice periods | Stuart Rudner

I am starting to see it more frequently in the mediation briefs that are submitted to me; either: The pandemic has resulted in decreased job opportunities and, as a result, the period of reasonable notice should be extended. OR The pandemic has decimated the company/industry, local, provincial, federal or global economy, and the company’s severance obligations should be reduced to reflect the dire financial straits they find themselves in. ... [read more]

Friday, March 26, 2021 @ 8:07 AM

Appeal Court ruling on data exclusion clauses significant for insurance bar, say lawyers Deepshikha Dutt, partner, Dentons

Insurance lawyers are hailing a recent Ontario Court of Appeal decision as the high court’s first test of data exclusion clauses that are increasingly a fixture of commercial general liability policies. “It’s a case that’s right on topic with what is happening in the data and cyberworld,” Deepshika Dutt, a Toronto-based partner with Dentons said of the Appeal Court’s March 15 unanimous decision in Family and Children’s Services of Lanark, Leeds and Grenville v. Co-operators General Insurance Company 2021 ONCA 159. ... [read more]

Friday, March 26, 2021 @ 6:09 AM

ABORIGINAL LANDS - Courts - Jurisdiction

Application by the Shawanaga First Nation for a declaration the respondents were trespassing on the First Nation’s property and for an order granting the First Nation a Writ of Possession requiring the respondents to vacate the property. ... [read more]

Thursday, March 25, 2021 @ 5:01 PM

ENVIRONMENTAL LEGISLATION - Federal legislation - Environmental protection - Pollution control legislation 

Appeal by Saskatchewan and Ontario from decisions of their respective courts of appeal holding that the Greenhouse Gas Pollution Pricing Act (GGPPA) was constitutional. ... [read more]

Thursday, March 25, 2021 @ 4:28 PM - Last Updated: Thursday, March 25, 2021 @ 5:02 PM

‘Grave threat’ of climate change justifies federal carbon pricing standards, Supreme Court rules Chief Justice Richard Wagner

The Homeric odyssey of Canada’s fight against climate change has taken another step after the Supreme Court ruled the federal government has the right to impose minimum carbon pricing standards on the provinces and territories. In a 6-3 decision, the court has ruled that the Greenhouse Gas Pollution Pricing Act (GGPPA), which sets minimum national standards on greenhouse gas (GHG) pricing, falls within Parliament’s powers to legislate with respect to matters of national concern for the peace, order, and good government (POGG) of Canada under s. 91 of the Constitution Act, 1867. ... [read more]

Thursday, March 25, 2021 @ 1:05 PM

Stockwoods partner elected as officer of International Academy of Trial Lawyers

Stockwoods announced that partner Brian Gover was recently elected secretary of international relations of the International Academy of Trial Lawyers (IATL). ... [read more]