Focus On

Civil Litigation


Friday, February 05, 2021 @ 5:26 PM

B.C. sewage authority didn’t breach duty to act in good faith in waste disposal dispute: SCC Justice Nicholas Kasirer, Supreme Court of Canada

The Supreme Court has found that waste disposal officials in Vancouver did not act in bad faith against a private garbage company by exercising their agreed-upon discretion to keep costs low by choosing where to most efficiently dump trash — even though this cut into the company’s profits. ... [read more]

Friday, February 05, 2021 @ 4:33 PM

Stikeman Elliott welcomes two new counsel to Montreal office

Stikeman Elliott announced that two new counsel have joined the firm’s Montreal office, Aude Godfroy and Trevor Rowles. ... [read more]

Friday, February 05, 2021 @ 2:12 PM

PERFORMANCE AND DISCHARGE – Performance - Good faith

Appeal by Wastech Services Ltd. (Wastech) from a judgment of the British Columbia Court of Appeal that dismissed its appeal from a decision that set aside an arbitration award in its favour. ... [read more]

Friday, February 05, 2021 @ 2:09 PM

European ‘forced heirship’ in estate planning: A case study Painting of rural Italian villa

Canadians who own real estate, art and other personal property, investments and business interests, or any other type of asset in certain European countries need to be aware of what happens to those assets upon death.   ... [read more]

Friday, February 05, 2021 @ 10:31 AM

Latest COVID-19 lockdown: Impact on divorced and separated parents Fists with faces yell at each other with coronaviruses in background

On Jan. 13, the Ontario government imposed a strict province-wide lockdown and stay-at-home order in response to staggering COVID-19 infection rates that had continued to climb. But as necessary and beneficial as it may be from a public health standpoint, these kinds of measures can profoundly affect vulnerable individuals like divorced and separated parents, who are already contending with pre-existing family law issues and disputes. ... [read more]

Thursday, February 04, 2021 @ 1:39 PM

Realities of criminal Zoom court Bearded man on the phone

The need for technological innovation has been at the forefront of the COVID-19 pandemic and globally adjustments have been made to adapt to lockdown and stay-at-home orders. Almost everything has shifted strictly online. The courts and the judicial systems have seemingly done their best to jump start an archaic profession to the modern 21st century, changes that some were calling for even prior to the pandemic. ... [read more]

Thursday, February 04, 2021 @ 12:46 PM

Quebec insurers’ duty to defend: Moving towards a solution Book with words "Insurance Law" on page, with glasses and pen

In December 2020, Minister of Finance Éric Girard tabled a bill titled An Act respecting mainly the implementation of certain provisions of the Budget Speech of 10 March 2020. Among other things, the bill sought to address challenges surrounding Article 2503 of the Civil Code of Quebec, which provides for the duty of liability insurers to pay the defence costs of their insureds above policy limits. ... [read more]

Thursday, February 04, 2021 @ 8:28 AM

Post-dismissal misconduct grounds for just cause Finger pointing at accused person

A dismissal for just cause is a matter of substance, not form. The central question concerning just cause is whether an employee’s misconduct is sufficiently serious that it strikes at the heart of the employment relationship. The answer to this question requires a factual inquiry through a contextual examination of the nature and circumstances of the misconduct. These observations create an impression that the concept of just cause is concerned with a retrospective assessment of the employee’s pre-dismissal conduct. However, this is not always so. In limited circumstances, just cause can be asserted in relation to an employee’s post-dismissal conduct. ... [read more]

Thursday, February 04, 2021 @ 6:13 AM

CIVIL PROCEDURE - Appeals - Orders necessary to safeguard rights of parties

Motion by the respondents for orders expediting the appeals. Motion by the former counsel of the appellants for leave to intervene as an added party on the respondents’ motion and request a delay of that motion until the disposition of a proceeding initiated by the lawyers in the Superior Court. ... [read more]

Wednesday, February 03, 2021 @ 3:00 PM

Stocking your resilience toolbox: How to be proactive in managing stress | Rob De Toni

There was a time when I thought that being resilient simply meant I had to suck it up and put on a brave face whenever I was going through something difficult. No complaining and no whining. Just tough it out, and, in the end, I will be stronger for it. I mean, as a litigation lawyer, shouldn’t I just be able to put on my armour to make everything OK? ... [read more]