Focus On

Civil Litigation


Thursday, September 19, 2019 @ 2:12 PM

Legal cross-fertilization at Supreme Court of Canada: Recent trends | Lawrence David

The Supreme Court of Canada (SCC) gives Canadians many reasons to be proud of its important work. For one, Canadians can boast about their Supreme Court being the only bilingual and bijuridical apex judicial institution in the world. Appeals are heard in English and French and, reflecting Canada’s legal diversity, from both the common law and civil law traditions. ... [read more]

Thursday, September 19, 2019 @ 10:50 AM

Ounce of prevention: Marriage contracts and family trusts contract_marriage_sm

The utility of marriage contracts is often measured in a vacuum. And rarely do lawyers and their clients consider the benefits that they can provide in protecting the sanctity of family trusts. ... [read more]

Thursday, September 19, 2019 @ 9:45 AM

Minden Gross hires partner, four associates

Minden Gross LLP announced that Abbasali (Ali) Kermalli has joined the firm as a partner in the business law group and Samantha Schreiber, Samantha Bogoroch, Nusrat Ali and Darren Nguyen have joined as associates. ... [read more]

Thursday, September 19, 2019 @ 9:43 AM

Crawley MacKewn Brush adds litigation associate

Crawley MacKewn Brush LLP announced that Dena Givari has joined the Toronto firm as an associate. Her practice focuses on corporate and securities litigation in the civil and regulatory contexts. ... [read more]

Thursday, September 19, 2019 @ 9:04 AM

Access to Justice: New fund aiming at solutions | Beverley McLachlin

On Sept. 10, 2019, the Beverley McLachlin Access to Justice Fund was launched. The fund’s aim is to provide financing for innovative approaches to improving access to civil and family justice. Through an application process the Fund will allow individuals and organizations to explore, test, measure and grow good ideas that advance our progress. We will begin receiving applications next year, with a transparent and publicly available application process. ... [read more]

Thursday, September 19, 2019 @ 6:23 AM

PRACTICE AND PROCEDURE - Evidence - Admissibility - Verdict unreasonable

Appeal by the defendant from jury’s award in the plaintiff’s favour in her action for damages for injuries sustained in a motor vehicle accident. ... [read more]

Wednesday, September 18, 2019 @ 11:55 AM

Social media distraction ‘widespread’ in legal profession, says expert Jon_Krop_sm

Mindfulness, meditation and a healthy fear of digital devices are keys to lawyers avoiding the distraction of social media while at work, says an expert set to lecture on widespread “attentional hijacking.” ... [read more]

Wednesday, September 18, 2019 @ 9:13 AM

Timing liability under subsection 160(1) in Eyeball Networks case Clock and calendar

In Eyeball Networks Inc. v. Canada 2019 TCC 150, the Tax Court of Canada alerted tax planners to the pitfalls of issuing and cancelling a promissory note with nominal value in the context of a tax-neutral rollover under s. 85 of the Income Tax Act. This two-part series analyzes the Tax Court’s decision and its implications for tax practitioners. ... [read more]

Tuesday, September 17, 2019 @ 10:53 AM

Equitable fraud: Using it in court fraud_concept_sm

The case of Roach v. Todd 2018 ONSC 5289 is a good example of how the doctrine of equitable fraud may be employed. One of the issues that arose in that case was a gift made by an elderly father, Willie, to his daughter, Claudette, in the amount of $57,000, leaving only $2,961.31 in Willie’s bank account (the impugned gift). While this case turned in large measure on undue influence and Willie’s apparent lack of capacity to make the impugned gift, the doctrine of equitable fraud would also likely apply. ... [read more]

Tuesday, September 17, 2019 @ 9:52 AM

Scarfo re-elected as Blaney McMurtry’s managing partner

The partners of Blaney McMurtry LLP announced that they have re-elected Maria Scarfo as managing partner for a third three-year term. ... [read more]