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Friday, November 15, 2019 @ 9:09 AM

Class Proceedings Fund gets cy près award in securities class action people_money_sm

Who can be the recipient of a cy près award in a class action? In the recent decision, Cappelli v. Nobilis Health Cor. 2019 ONSC 4521, the court approved a novel recipient of the award: The Class Proceedings Fund. ... [read more]

Friday, November 15, 2019 @ 7:57 AM

CIVIL PROCEDURE - Dismissal of action - Delay or failure to prosecute

Appeal by the defendant from a decision allowing the plaintiffs’ appeal from a Master’s order dismissing the action for delay. ... [read more]

Friday, November 15, 2019 @ 7:56 AM

COMMERCIAL TENANCIES - Shopping centre - Landlord's obligations - Emergency repairs

Appeal by the defendant landlord from the summary judgment granted against it in two actions. ... [read more]

Thursday, November 14, 2019 @ 12:41 PM

The tricky question of what counts as employee mitigation | Stuart Rudner

It is well established that a dismissed employee has a duty to mitigate their damages by making reasonable efforts to find new employment. Recent jurisprudence confirms that this means the dismissed employee must look for and accept comparable employment, which makes sense; a former CEO should not be required to accept a job as a cashier as part of their duty to mitigate. ... [read more]

Thursday, November 14, 2019 @ 11:17 AM

Invesco case: Rebate for GST paid in error or notice of objection? Hand cutting tax balloon

In the recent judgment rendered in the Invesco case (SLFI Group v. Canada 2019 FCA 217), the Federal Court of Appeal ruled that a notice of objection is the only recourse available when an assessment is issued against a taxpayer, as opposed to a rebate for tax paid in error, even when the initial assessment was issued to a third party. ... [read more]

Thursday, November 14, 2019 @ 8:55 AM

International arbitration gets innovative: Overcoming problems arbitration_global_sm

In the first two parts of this series I wrote about innovative uses of international arbitration in other forms of disputes. After outlining a proposal by former United States Bankruptcy Judge Allan Gropper (The Arbitration of Cross-Border Business Insolvencies), I noted that so far there has not been a rush to agree to arbitration in cross-border insolvency matters. In this article I would like to discuss why. ... [read more]

Wednesday, November 13, 2019 @ 2:31 PM

Franchise disputes on rise in British Columbia lawyers_fighting_sm

These past several years have seen an uptick in franchise court decisions coming out of British Columbia. While the decisions have not yet started to apply provisions of B.C.’s new Franchises Act, which came into force in February 2017, they have otherwise started to gain steam. ... [read more]

Wednesday, November 13, 2019 @ 9:46 AM

Rural Albertans have ‘complete lack of confidence’ in legal system, says justice minister Alberta Justice Minister and Solicitor General Doug Schweitzer

The government of Alberta has announced plans to bring in a variety of measures to address crime in rural communities, ranging from a new integrated force aimed at reducing police response times to eliminating liability for individuals who have taken steps to protect their property, moves the provincial justice minister says are necessary because the justice system is failing individuals who live outside the province’s major cities. ... [read more]

Wednesday, November 13, 2019 @ 8:28 AM

Seeking compensation for wrongful deaths in B.C. HighwayofDeath.jpg

Respect for the dignity of the individual human being is the fundamental value underlying the assertion of rights in Canada. It is the basis for the rights to life, liberty, security of the person and equality under the law as articulated in the Canadian Charter of Rights and Freedoms. As expressed further in its foundational law, Canada strives to be a fair and just society.   ... [read more]

Wednesday, November 13, 2019 @ 7:37 AM

CIVIL PROCEDURE - Pleadings - Striking out pleadings or allegations

Appeal by the plaintiff from a decision dismissing its action for failure to disclose a reasonable cause of action. ... [read more]