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Civil Litigation

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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]

Thursday, October 04, 2018 @ 1:54 PM

Canadian judges rally around judge facing discipline for accepting interim law dean post at Lakehead University Graeme Mew

Canada’s superior court judges are collectively going to court to defend an Ontario judge who faces discipline proceedings, and possible firing, for acting as interim law dean (academic) at Lakehead University — a temporary post Ontario Superior Court Justice Patrick Smith agreed to take for six months while the struggling law school seeks a permanent dean, and with the advance blessing of both his chief justice and the federal Justice minister. ... [read more]

Thursday, October 04, 2018 @ 1:09 PM

Alberta Appeal Court decision offers roadmap in contractual interpretation: lawyer Don McGarvey, McLennan Ross LLP

The Alberta Court of Appeal has ruled a lower court erred in interpreting a contract between a land appraiser and a developer, in a decision the appraiser’s counsel is saying offers a good analysis of contractual interpretation, especially in the use of surrounding circumstances to determine a party’s intent in developing a contract. ... [read more]

Thursday, October 04, 2018 @ 11:13 AM

Vital role of courts in transforming Canadian health-care system | Ben Su

As Canadians, we pride ourselves in the universal health care system that modern Canada is built on and we rightfully should. However, just like any public resource rationing system, our health care funding allocation system is not perfect. ... [read more]

Thursday, October 04, 2018 @ 9:33 AM

Arbitrator can ignore evidence when deciding an award weigh_evidence_sm

Parties to an arbitration often believe that the failure by an arbitral tribunal to address evidence or take evidence into account amounts to a serious irregularity, allowing a court to set the award aside. The short answer to the question is that a failure to address evidence or take evidence into account in an award will almost never amount to a serious irregularity. ... [read more]