Focus On

Civil Litigation


Friday, February 01, 2019 @ 8:34 AM

Tenancy in common offers oil and gas joint ventures little protection oilandgas_business_sm

Oil and gas contracts in the joint venture context often provide that parties own assets as “tenants in common” (see for example the Canadian Association of Petroleum Landmen Operating Agreements). In addition, the default position under the Law of Property Act, RSA 2000, c L-7 is that co-owners of property hold their interests as tenants in common (s. 8), unless the parties vary the relationship by contract. ... [read more]

Thursday, January 31, 2019 @ 5:18 PM

SCC rules bankrupt oil firm’s assets must meet provincial cleanup obligations ahead of paying secured creditors  Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 5-2 that the trustee of a bankrupt Alberta oil and gas company must first use the money in the bankrupt’s estate to satisfy provincial requirements to remediate the company’s disowned non-producing oil and gas assets, ahead of making payments to the company’s creditors in line with the federal Bankruptcy and Insolvency Act (BIA). ... [read more]

Thursday, January 31, 2019 @ 2:03 PM

Time to expand analysis of the merits in all class actions classaction_arrow_sm

Class actions are complicated and expensive. They carry significant risk. As a result, the vast majority of class actions settle prior to trial, and a substantial proportion settle relatively soon after a successful certification motion. Because parties are generally unwilling to fight a matter through trial, the certification motion becomes the inevitable battleground for disputes. ... [read more]

Thursday, January 31, 2019 @ 12:40 PM

Successful Milne decision appeal a comfort to estate law practitioners wills_looking_sm

The Divisional Court released its decision on the Milne appeal on Jan. 24, 2019, (Milne Estate (Re) 2019 ONSC 579). The court asserted that the premise upon which the application judge’s decision was based — namely that “a will is a form of trust” — is not correct as a matter of law. The court observed that a will may contain a trust, but that this is not a requirement for a valid will. Instead, a will is simply an instrument which, subject to certain formalities of execution, provides for the disposition of a person’s property on death. ... [read more]

Thursday, January 31, 2019 @ 8:51 AM

CIVIL PROCEDURE - Pleadings - Striking out pleadings or allegations

Appeal by Chatha from the summary dismissal of his negligence claim against the respondent lawyer without leave to amend. ... [read more]

Thursday, January 31, 2019 @ 8:47 AM

ENVIRONMENTAL LIABILITY - Water environmental offence - Discharge of pollutant

Appeal by the Crown from a $5,000 fine imposed for impairing the water quality under the Ontario Water Resources Act. ... [read more]

Wednesday, January 30, 2019 @ 8:25 AM

Oppression Remedy: The two-step BCE Test explained unfair_fight_sm

The oppression remedy is easy to claim. A claimant must only meet the low bar of unfairness. As it appears to arise from any unwelcome conduct, and the breadth of the statutory language makes it easy to apply to a broad range of conduct, it can be appended to any corporate misconduct claim. It is typically used in actions involving closely held corporations. ... [read more]

Monday, January 28, 2019 @ 2:12 PM

Harper Grey adds two partners

Scott Marcinkow and Joel Morris have joined the partnership of Harper Grey LLP. ... [read more]

Monday, January 28, 2019 @ 8:57 AM

Homebuyers beware: Sellers could be eavesdropping listening_in_sm

In mid-January, Juliana Webster, a real estate agent based in Hamilton, talked to the CBC about two of her clients using audio and video surveillance to eavesdrop on potential home buyers. ... [read more]

Monday, January 28, 2019 @ 8:55 AM

REGULATION OF PROFESSION - Disciplinary procedure - What constitutes misconduct

Appeal by the solicitor from a decision of the Law Society review panel finding the appellant guilty of professional misconduct and confirming his five-month suspension. ... [read more]