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Civil Litigation

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Wednesday, October 10, 2018 @ 8:40 AM

Drip, drip, drip: Kitec plumbing and buying a condo in Ontario leaky_pipes_sm

Introduced in Canada around 1995, “Kitec" plumbing was a plumbing system designed to replace typical copper water pipes with flexible tubing. The system was largely considered to be superior to copper piping as it was less expensive to produce and easy to install in virtually any space.The 12-year window of Kitec plumbing’s popularity was long enough to leave several ticking time bombs throughout condominium developments in Ontario ... [read more]

Wednesday, October 10, 2018 @ 7:24 AM

BIDDING PROCESS - Invitation to tender or bid

Application by the plaintiff for a declaration that a clause in the City’s Invitation to Tender was of no force and effect as it was unconstitutional. ... [read more]

Wednesday, October 10, 2018 @ 7:23 AM

CIVIL PROCEDURE - Class or representative actions - Certification

Appeal by the plaintiff from an order refusing to certify a class action against the Province. ... [read more]

Tuesday, October 09, 2018 @ 1:55 PM

Polley Faith adds two associates

Polley Faith LLP announced that Emma Carver and Madeleine Brown have joined the firm as associates. ... [read more]

Tuesday, October 09, 2018 @ 9:10 AM

Making allegations against a former immigration counsel just got easier blame_lawyer_sm

The Immigration and Refugee Board (IRB) recently released a new Practice Notice entitled Allegations Against Former Counsel. The document guides people who allege inadequate representation by former counsel before any of the four divisions of the tribunal. ... [read more]

Friday, October 05, 2018 @ 11:58 AM - Last Updated: Friday, October 05, 2018 @ 4:25 PM

SCC rules 7-2 that parliamentary privilege does not pre-empt grievances from workers fired by Quebec’s legislature Justice Andromache Karakatsanis

In a far-reaching clarification of the scope of the parliamentary privilege of legislatures across Canada, the Supreme Court has ruled 7-2 that the speaker of Quebec’s National Assembly cannot rely on such privilege to immunize from review by a labour tribunal his decision to fire three security guards for on-the-job misconduct. ... [read more]

Friday, October 05, 2018 @ 10:37 AM

B.C. passes legislation to move opioid lawsuit forward Maneesha Deckha, University of Victoria Faculty of Law

The B.C. government has taken additional steps in its lawsuit against opioid manufacturers by introducing legislation that will help facilitate the action in the courts. The provincial legislature passed the Opioid Damages and Health Care Costs Recovery Act on Oct. 3. ... [read more]

Friday, October 05, 2018 @ 9:26 AM

Pyrrhic victory for plaintiffs who refused settlement refuse_money_sm

On Aug. 20, 2018, the judgment on costs following trial was released in Bukshtynov v. McMaster University 2018 ONSC 4819. The plaintiffs’ Pyrrhic victory was attributed to their “reckless and pernicious reticence to settle” and their failure to procure costs insurance following an earlier motion for security for costs. Notably, the judge described the plaintiffs’ offer as “so extreme that it effectively was a message that there was no way that this matter would settle ... a red flag for his extreme litigation behaviour.” ... [read more]

Friday, October 05, 2018 @ 8:49 AM

Bias in a world of hashtag justice | Robert Harvie

There was a time where “public influence” was generally left to the wealthy and the connected and to dominant mainstream media publications. ... [read more]

Friday, October 05, 2018 @ 8:43 AM

PROCEEDINGS - Limitation periods

Application by the plaintiff for a summary trial to determine whether the defendant remained liable under a performance bond and bond agreement. ... [read more]