Focus On

Civil Litigation


Thursday, November 28, 2019 @ 2:08 PM

DIVISION OF POWERS - Navigation and shipping - Property and civil rights - Determination of jurisdiction

Appeal from a judgment of the Quebec Court of Appeal holding the defendants Wärtsilä Nederland B.V. and its Canadian division, Wärtsilä Canada Inc. (“Wartsila”) liable for latent defects in ship engine parts sold to the plaintiff Transport Desgagnés Inc. (“TDI”), but limiting its liability to €50,000 pursuant to a limitation of liability clause in the contract. ... [read more]

Thursday, November 28, 2019 @ 1:56 PM

Capacity for powers of attorney: A legal test brain_gears_sm

Last month we looked at the capacity for a will. Now we will look at the capacity for powers of attorney, mainly the power of attorney for property and power of attorney for personal care. ... [read more]

Thursday, November 28, 2019 @ 10:42 AM

Federal Court approves $26 million-plus legal tab for groundbreaking class action against military Justice_Simon_Fothergill

The Federal Court has approved payment of almost $27 million, plus disbursements, to the consortium of five law firms who achieved a pioneering national settlement with Ottawa of up to $900 million to help compensate Canadian Armed Forces (CAF) and Department of National Defence (DND) personnel subjected to on-the-job sexual misconduct. ... [read more]

Thursday, November 28, 2019 @ 8:51 AM

Two sides of same coin: Derivative action and oppression remedy looney_sides_sm

One of the most fundamental principles of Canadian corporate law is that a corporation has a legal personality distinct from its shareholders. At common law, shareholders were precluded from bringing their own action in respect of a wrong done to the corporation. Even majority or controlling shareholders had no personal cause of action for a wrong done to the corporation (Foss v. Harbottle (1843), 67 E.R. 189, 2 Hare 461 (Eng. V.C.)). ... [read more]

Thursday, November 28, 2019 @ 6:27 AM

CONFLICTS BY LEGAL AREA - Divorce, including recognition of foreign divorce

Appeal by the husband from summary judgment declaring the parties’ Russian divorce invalid. ... [read more]

Wednesday, November 27, 2019 @ 2:33 PM

Resolving debate on transactional common interest privilege gears_transaction_sm

An emissary of Bay Street, Maureen Littlejohn, has come forward in response to my article of Oct. 31, 2019 to champion transactional common interest privilege. This was at issue in the Federal Courts’ decisions in Iggillis Holdings Inc. v. Canada (National Revenue) 2016 FC 1352 and Iggillis Holdings Inc. v. Canada (National Revenue) 2018 FCA 51. ... [read more]

Wednesday, November 27, 2019 @ 9:57 AM

OBA Award of Excellence winner Pratte stresses importance of mentorship, pro bono Guy Pratte at OBA awards sm

Guy Pratte, a partner at Borden Ladner Gervais LLP (BLG), felt “complete shock and surprise” at having been awarded the Ontario Bar Association’s (OBA) Award of Excellence in Civil Litigation. The well-respected litigator said he was “quite humbled” when he looked at the list of previous recipients, and that receiving such an accolade was “generous and heartwarming.” ... [read more]

Wednesday, November 27, 2019 @ 7:54 AM

LIMITATION OF ACTIONS - Extension, interruption, suspension and inapplicability

Motion by the plaintiff to continue an action and join co-plaintiffs. ... [read more]

Tuesday, November 26, 2019 @ 1:00 PM

Mother awarded costs after father tries (and fails) to play hardball Fist bumping against hand

Mackie v. Crowther 2019 ONSC 6431, a well-reasoned recent decision of Justice Alex Pazaratz, is the most recent of a long line of family court decisions that enforce the idea that court orders are not suggestions, but orders to be obeyed. In this case, Justice Pazaratz sends a strong message “hardball” tactics are not only ineffective, but will result in adverse cost consequences. ... [read more]

Tuesday, November 26, 2019 @ 8:35 AM

Decision on constructive dismissal a game breaker | Julius Melnitzer

The Workplace Safety and Insurance Appeals Tribunal’s recent decision in Hospitality Fallsview Holdings Inc. v. Morningstar 2019 ONWSIAT 2324, may signal a new jurisdictional regime around claims of wrongful dismissal premised on workplace harassment causing chronic mental stress. ... [read more]