Focus On

Civil Litigation


Monday, May 31, 2021 @ 1:56 PM

Pension trustee liability: Managing climate-related risks | Janis Sarra

A new legal opinion released on May 26 by pension expert Randy Bauslaugh of McCarthy Tétrault, titled: Climate Change, Legal Implications for Canadian Pension Plan Fiduciaries and Policy-Makers, provides the first national opinion on the scope of duties of trustees and other pension fiduciaries in respect of climate change. Bauslaugh states that his opinion does not arise from any moral or social desire to save the planet; rather, a basic application of fiduciary obligation imposed by minimum Canadian pension standards legislation and common law means that pension fiduciaries have a key responsibility in managing climate-related risks in their investment of pension plan assets. ... [read more]

Monday, May 31, 2021 @ 1:24 PM

Gillian Hnatiw & Co. hires associate

Gillian Hnatiw & Co. welcomed associate Maria Naimark to the firm. ... [read more]

Monday, May 31, 2021 @ 10:53 AM

What are implications of recent affirmation that child support is right of the child? Hand holding bag with "child support" written on it

We have looked into whether there has been further consideration of the Michel v. Graydon 2020 SCC 24 affirmation of the principle that child support is the right of the child. Must any award of retroactive child support be payable to the parent, or can the principle that child support is the right of the child be interpreted to make the support payable to the child alone? ... [read more]

Monday, May 31, 2021 @ 9:23 AM

CIVIL PROCEDURE - Parties - Class or representative actions

Application by the Bayer and Janssen defendants for leave to appeal an application sequencing order. The underlying action was a proposed class proceeding seeking damages for pharmaceutical product liability. ... [read more]

Monday, May 31, 2021 @ 9:19 AM

BARRISTERS AND SOLICITORS - Contingency agreements - Bill of costs

Appeal by a client from a Queen’s Bench decision affirming a review officer’s assessment of legal fees. The client retained the respondent law firm to represent him in a Federal Court patent infringement matter pursuant to a contingency fee agreement. ... [read more]

Monday, May 31, 2021 @ 8:38 AM

The benefits of choosing an executor who’s a team player Two people heading to the same place

Being asked by a loved one to act as an executor of their estate is not always the honour some think it is. Administering an estate can be a difficult and burdensome process, and coupled with grieving the loss of a loved one and dealing with demanding beneficiaries, the role of an executor can be a thankless job. Additionally, the role of executor comes with legal liability. ... [read more]

Monday, May 31, 2021 @ 5:57 AM

P.E.I. case draws battle lines for next administrative law clash post-Vavilov Jonathan Coady, a partner in the Charlottetown office of Stewart McKelvey

A Prince Edward Island Court of Appeal decision shows how the classification of questions in statutory appeals is emerging as the next battleground in administrative law, according to one of the lawyers involved. ... [read more]

Monday, May 31, 2021 @ 5:18 AM

Milton Courthouse’s lingering mould issues prompt temporary move to Burlington Convention Centre Ken Kelertas, president, Halton County Law Association and director of legal services and legal counsel for the Halton Region Police Service

Immobilized for months by mould in the Milton, Ont., courthouse, the province is temporarily moving court operations in that city of 110,000 to a convention centre and hotel down the road in Burlington. The temporary facility will be operational by May 31. But the result, says the past president of the Halton County Law Association (HCLA), is frustration among many members of the local bar and a lingering access-to-justice problem in one of Canada’s fastest growing regions. ... [read more]

Friday, May 28, 2021 @ 5:11 PM

Supreme Court upholds Quebec ruling in case involving public access to court records Justice Suzanne Cote, Supreme Court of Canada

In a case centring on the open court principle, the Supreme Court has narrowly ruled that a Quebec news outlet cannot access exhibits filed as part of a lawsuit due to them having been taken back by the litigants when the proceedings ended. The May 28 Supreme Court of Canada ruling in MediaQMI inc. v. Kamel 2021 SCC 23 revolved around MediaQMI Inc. — a major newspaper publisher in the province — attempting to obtain exhibits filed by the Centre intégré universitaire de santé et de services sociaux de l’Ouest‑de‑l’Île‑de‑Montréal (CIUSSS) as part of its lawsuit against former employee, Magdi Kamel. ... [read more]

Friday, May 28, 2021 @ 2:22 PM

INCIDENTAL PROCEEDINGS - Discontinuance - Effects

Appeal from a decision of the Quebec Court of Appeal affirming a decision that authorized respondent Centre intégré universitaire de santé et de services sociaux de l’Ouest‑de‑l’Île‑de‑Montréal (CIUSSS) to remove its exhibits from the court record in proceedings instituted against one of its former managers, Kamel. ... [read more]