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Wednesday, October 11, 2017 @ 8:33 AM

The reality of post-Hryniak franchise rescission summary judgment motions

Franchise rescission claims under provincial franchise disclosure legislation have been accelerating in recent years. The jurisprudence has been driven by Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000. Other provinces have adopted comparable legislation after conducting their own studies. British Columbia is the most recent one, whose Franchises Act, came into force in February 2017. ... [read more]

Wednesday, October 11, 2017 @ 7:20 AM

Women’s advocates, defence counsel call for transparency from judiciary on sexual assault law training for judges Kim Pate

Defence counsel and women’s advocates are both calling on Canada’s judicial leaders to disclose details of how the judicial branch educates its members to handle sexual assault prosecutions. ... [read more]

Tuesday, October 10, 2017 @ 8:41 AM

LIMITATION OF ACTIONS - Extension, interruption, suspension and inapplicability - Acknowledgment or part payment

Appeal by the defendant, White, from a summary trial judgment on a promissory note granted in favour of the plaintiff, Richmond. ... [read more]

Tuesday, October 10, 2017 @ 8:37 AM

ABORIGINAL STATUS AND RIGHTS - Civil actions and liabilities - Historical grievances - Residential schools - Practice and procedure - Discovery - Evidence - Document retention and destruction - Settlements - Orders - Appeals

Appeal from a judgment of the Ontario Court of Appeal substantially affirming a decision that records from a consolidated class action related to Indian Residential Schools should be destroyed following a 15-year retention period. ... [read more]

Friday, October 06, 2017 @ 1:05 PM

Updated: IAP records to be destroyed after 15 years unless claimants consent to archiving: Supreme Court Russel Brown

The Supreme Court has affirmed 7-0 that the more than 37,000 former students of Indian residential schools who claimed compensation from Ottawa for historic physical and sexual abuse are entitled to decide whether their personal records created during the claims process should be destroyed, or archived for posterity. ... [read more]

Friday, October 06, 2017 @ 12:39 PM

Blaney McMurtry adds four associates

There are four new associates at Blaney McMurtry LLP. ... [read more]

Friday, October 06, 2017 @ 9:30 AM

JURISDICTION - International issues (with foreign state or territory) - Determination of - Real and substantial connection

Motion by the defendant HSBC Holdings to dismiss or stay the plaintiff’s class action. ... [read more]

Thursday, October 05, 2017 @ 12:48 PM

Gowling WLG partner joins Class Proceedings Committee

Sandra Barton is now working with the Class Proceedings Fund as a member of its Class Proceedings Committee. ... [read more]

Thursday, October 05, 2017 @ 9:43 AM

Property dispute involving cultural group highlights law governing associations

Back-and-forth litigation illustrates challenges that arise when branches want to break from their parent organizations. Courts have found that the concepts of reasonableness, fairness and common sense should be given significant weight in cases that often involve many obscurities in the law. ... [read more]

Wednesday, October 04, 2017 @ 2:53 PM

Ontario court orders Ecuadorian plaintiffs to secure nearly $1 million in costs before appeal in Chevron case Marc_McAree_sm

A group of Ecuadorian villagers has been ordered to put up almost $1 million in security for court costs as part of a long-shot appeal in an ongoing pollution claim against an American energy company and its Canadian subsidiary. ... [read more]