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Civil Litigation


Wednesday, June 20, 2018 @ 9:39 AM - Last Updated: Wednesday, June 20, 2018 @ 12:37 PM

McLachlin will advocate for Office of JAG in new role as CAF’s ‘honorary captain (Navy)’ Geneviève Bernatchez and Beverley McLachlin

From “yes, my lady” to “aye, aye captain” — Beverley McLachlin, former chief justice of Canada, is adding another to her new roles, which already include bestselling Canadian novelist, Hong Kong Supreme Court judge, and now honorary captain (Navy) of the Office of the Judge Advocate General (JAG). ... [read more]

Wednesday, June 20, 2018 @ 8:50 AM

Access to Justice: Action committee looks at problems, innovative solutions | Thomas Cromwell

Access to justice leaders from coast to coast to coast met for two and one-half days in Ottawa in April at the annual summit of the Action Committee on Access to Justice in Civil and Family Matters. These people know better than most how big a challenge we face in improving access to justice. But that did not temper the enthusiasm for what has been accomplished or weaken the resolve to keep working for change. ... [read more]

Wednesday, June 20, 2018 @ 8:35 AM

PARTIES - Class or representative actions - Common interests and issues

Appeal by the defendant Facebook from a decision certifying the action as a class proceeding. ... [read more]

Wednesday, June 20, 2018 @ 8:33 AM

WILLS - Variation - Contestation of claims

Appeal by the deceased’s former wife from an order dismissing her application to file a claim against the estate of her former husband seeking variation of his will in her favour and to contest the validity of the will. ... [read more]

Tuesday, June 19, 2018 @ 10:14 AM

CIVIL PROCEDURE - Class or representative actions - Certification

Appeals by the parties to a proposed class action in respect of a partial certification order. ... [read more]

Tuesday, June 19, 2018 @ 9:04 AM

Anonymity, jurisdiction, ‘unpublishing’ are frontline defamation issues, panel says

Two challenges dominate online defamation litigation: anonymity and jurisdiction. These issues, as well as the policy concerns raised by “unpublishing” materials posted online, were debated by a panel of industry experts at the Law Commission of Ontario’s (LCO) conference “Defamation Law and the Internet: Where Do We Go From Here?” ... [read more]

Monday, June 18, 2018 @ 2:21 PM

Cannabis impairment far different from alcohol impairment Stoneddriver_sm.jpg

The amendments to the Criminal Code through Bill C-46 are far reaching and significant. Originally, the intention was to pass this law in concert with the Cannabis Act to create new driving offences at the same time that marijuana was legalized. However, it appears that this bill is unlikely to come into force until well after the Cannabis Act is passed. ... [read more]

Monday, June 18, 2018 @ 9:52 AM

The Montreal riots: SCC decision will affect ‘common ventures’ in Quebec civil liability hockey_riot_sm

Everybody in the Bell Centre on April 21, 2018, remembers the Montreal Canadiens taking Game 7 of the Eastern Conference quarterfinals to defeat the Boston Bruins. Everybody outside the Bell Centre hours later must also remember that the celebrations turned into a riot that notably severely damaged police cars. The City of Montreal, having identified rioters who participated to the wreckage, filed legal proceedings seeking to hold jointly accountable all individuals for the damages sustained by each car. ... [read more]

Monday, June 18, 2018 @ 8:47 AM

ABORIGINAL STATUS AND RIGHTS - Duties of the Crown - Fair dealing and reconciliation

Action by five plaintiff First Nations for declaratory and related relief in respect of an aboriginal right to fish. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]