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Civil Litigation

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Tuesday, July 03, 2018 @ 1:23 PM

McIntyre Powder: Compensation in cases of human experimentation 3minerssilhouette_sm.jpg

In response to World War II-era human experimentation atrocities, the Nuremberg Code restated the essential requirements for the legitimate, ethical conduct of experiments involving human clinical subjects. The first and most critical element is the voluntary, fully informed consent of the human subject, in the absence of coercion, duress, force or deceit. The human subject must also be free to withdraw from participation in the experiment at any time. These ethical principles were not followed during a human experiment involving tens of thousands of miners and factory workers in a compulsory aluminum dust inhalation program that spanned nearly four decades in Canada and internationally. ... [read more]

Tuesday, July 03, 2018 @ 8:35 AM

CIVIL PROCEDURE - Costs - Unproved allegations of fraud

Appeal by the plaintiff, Kent, from a costs award payable by the defendants, Martin, and various corporate media entities. ... [read more]

Tuesday, July 03, 2018 @ 8:33 AM

BINDING ARBITRATION - Powers and duties - Jurisdiction of the court to review

Application by Canada to set aside an arbitration award by a NAFTA Tribunal in favour of the respondents concluding that Canada had violated certain of its NAFTA obligations. ... [read more]

Friday, June 29, 2018 @ 11:38 AM

Quebec judge elevated to Court of Appeal

Geneviève Cotnam, a judge of the Court of Quebec, has been appointed a judge of the Court of Appeal of Quebec in Quebec City. She replaces Justice Jean Bouchard, who elected to become a supernumerary judge effective Sept. 1, 2017. ... [read more]

Friday, June 29, 2018 @ 8:51 AM

CORPORATIONS - Distinct legal entity - Exceptions (piercing the corporate veil)

Appeal by the plaintiffs from summary judgment determining that the shares and assets of Chevron Canada were not eligible to satisfy the judgment debt of Chevron Corporation and from the costs award. ... [read more]

Friday, June 29, 2018 @ 7:23 AM

New rules broaden security vetting of cannabis players but past crimes don’t automatically bar them from industry Eileen McMahon

The Trudeau government’s aim of barring organized crime from infiltrating the legalized adult-use cannabis industry is reflected in the sweeping new security clearance rules that will apply to owners, directors, controlling influences and other key players in the multibillion-dollar industry set to launch here in October. ... [read more]

Thursday, June 28, 2018 @ 11:28 AM

Decision in $1 billion lawsuit shows contracts will be interpreted to ‘mean what they say’: lawyer Blair Yorke-Slader, Bennett Jones LLP

Despite its complexity involving a multitude of contracts, the science involved in making chemical compounds and a judgment of over $1 billion, the lawyer for a company in a case involving the operation of an ethylene plant in Alberta says ultimately the principles of contract interpretation that were applied are ones that are very familiar and straightforward. ... [read more]

Wednesday, June 27, 2018 @ 1:12 PM

Trinity Western case a nuanced look at scope of religious freedom | Heather MacIvor

On June 15 the Supreme Court of Canada approved the refusal by two law societies to accredit graduates of a proposed law school at Trinity Western University (TWU) in British Columbia. Students and faculty at the private evangelical Christian school are required to sign a “community covenant agreement,” pledging to “voluntarily abstain” from “sexual intimacy that violates the sacredness of marriage between a man and a woman.” Violations of the covenant can result in suspension or expulsion. ... [read more]

Tuesday, June 26, 2018 @ 12:34 PM

The question of medical negligence in British Columbia’s Cambridge affair blanksuperhero_sm.jpg

As described in part one of this series, Drs. Sean and Rosemarie Cambridge, two foreign-trained physicians, provided medical care to hundreds of patients in Chilliwack, B.C., from 2011 to 2017, under a provisional medical licence issued by the College of Physicians and Surgeons of British Columbia. ... [read more]

Tuesday, June 26, 2018 @ 9:11 AM

REAL ESTATE AGENTS AND BROKERS - Creation of agency - Liability

Appeal by the plaintiff, Siemens, from dismissal of his action against the defendant, Howard, in respect of a property ownership dispute. ... [read more]