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Civil Litigation

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Tuesday, December 05, 2017 @ 8:35 AM

CIVIL PROCEDURE - Discovery - Production and inspection of documents - Privileged documents - Crown privilege or public interest

Appeal by the parties from three orders related to document discovery. ... [read more]

Tuesday, December 05, 2017 @ 7:07 AM

Justice minister says Indigenous judge for Supreme Court coming ‘soon’

An Indigenous jurist will be appointed to the Supreme Court of Canada “soon,” maybe even to the next opening, Justice Minister Jody Wilson-Raybould and former Prime Minister Kim Campbell told MPs. ... [read more]

Monday, December 04, 2017 @ 12:37 PM

CIVIL PROCEDURE - Pleadings - Striking out pleadings or allegations - Grounds - Failure to disclose a cause of action or defence - Lack of jurisdiction

Appeal by the defendant, Nevsun Resources, from an order refusing to strike, stay or dismiss the action by the plaintiffs, Araya, Fshazion and Tekle. The plaintiffs were refugees of Eritrea and the defendant was a British Columbia publicly held company. ... [read more]

Monday, December 04, 2017 @ 10:01 AM

Ontario adding social condition, other protected grounds to Human Rights Code

With the substantial changes to employment and labour laws debated and passed in 2017, proposed changes to the Ontario Human Rights Code (“the Code”) have received little attention. If passed, it would add immigration status, genetic characteristics, police records, and social condition as protected human rights grounds. ... [read more]

Friday, December 01, 2017 @ 1:32 PM

Khadr settlement up for debate by the OBA Foundation

When the federal government settled a civil lawsuit with Omar Khadr over the violation of his rights under the Charter and awarded him $10.5 million in compensation, public opinion was split over the action. ... [read more]

Friday, December 01, 2017 @ 12:47 PM

TREATIES AND AGREEMENTS - Land claims agreements - Practice and procedure Courts - Jurisdiction

Appeal by the First Nation of Nacho Nyak Dun and others from a Yukon Court of Appeal judgment allowing in part the appeal from a decision ordering the government of Yukon (Yukon) to reconduct its consultation as part of the land use plan approval process pertaining to the Peel Watershed. ... [read more]

Friday, December 01, 2017 @ 9:53 AM

Quebec Appeal Court offers reminder that arbitration agreements only bind parties

The court resolved irreconcilable procedural demands created when only some of the parties to a dispute had agreed to submit to arbitration. Weighing the competing inconveniences to the parties, it upheld a Superior Court decision and subordinated one party’s access to arbitration to another party’s reliance on court rules. ... [read more]

Friday, December 01, 2017 @ 9:02 AM

FRAUD AND MISREPRESENTATION - Fraudulent misrepresentation - Specific elements - Recklessness of truth or falsity

Appeal by the defendant, Yangarra Resources, from a chambers decision granting summary judgment in favour of the plaintiff, Precision Drilling Canada Limited Partnership. ... [read more]

Thursday, November 30, 2017 @ 8:53 AM

Faculty union faces uphill battle in suit against back-to-work bill, experts say Eric Tucker, Osgoode Hall Law School

Although Ontario’s college students may be back in classrooms, the legal issues surrounding the five-week strike by college faculty are far from over. ... [read more]

Wednesday, November 29, 2017 @ 6:24 PM

Criminal lawyers say Martin good for SCC despite her approach to sex assault law Supreme Court of Canada

Criminal lawyers in Alberta are praising the proposed appointment to the top court of Alberta Court of Appeal Justice Sheilah Martin — even though many strongly object to her recent pronouncements in a landmark sexual assault decision now under attack at the Supreme Court of Canada. ... [read more]