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Civil Litigation

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Tuesday, August 28, 2018 @ 9:27 AM

Decision highlights considerations when choosing assessment date to quantify losses manwithscope_sm.jpg

A decision by the Ontario Court of Appeal in Rougemount Capital Inc. v. Computer Associates International Inc. (2016) ONCA 847 sheds light on some thorny issues around the choice of an assessment date when quantifying losses. ... [read more]

Tuesday, August 28, 2018 @ 8:33 AM

CIVIL PROCEDURE - Costs - Against solicitor personally

Motion by Canada for $25,000 costs against counsel personally. Counsel represented clients in Indian Residential School Settlement Agreement and had brought number of Requests for Direction (RFD) on behalf of her clients. ... [read more]

Monday, August 27, 2018 @ 9:00 AM

The influence of U.S. sexual harassment class actions in Canada womanatpodium_sm.jpg

Sexual harassment and discrimination class actions have never been more in the spotlight than they are today, and employers on both sides of the Canada-U.S. border are examining their policies and practices. While class actions arising out of sexual harassment allegations are less common in Canada, we are seeing trends amid the current deluge of U.S. sexual harassment and discrimination class actions which are making their way to Canada — or have already arrived. ... [read more]

Friday, August 24, 2018 @ 8:47 AM

Tardy Ontario judge keeps job; court now tracking delays more closely

An Ontario Superior Court judge whose court let her render late reserved judgments for years is keeping her $321,600 per annum job — despite the harm her tardiness caused some litigants. On Aug. 23, the Canadian Judicial Council (comprising the 39 chief justices of Canada’s superior courts, including Ontario Superior Court Chief Justice Heather Forster Smith) announced it was closing the book on its more than year-long review of Justice Susanne Goodman’s chronic inability to issue timely judgments. ... [read more]

Friday, August 24, 2018 @ 8:31 AM

GUARANTEE AND INDEMNITIES - Defences

Appeal by the plaintiff from an order setting aside a loan agreement on the basis of fraudulent misrepresentation. ... [read more]

Wednesday, August 22, 2018 @ 1:12 PM

Ontario doesn’t have standing in proposed class action against Volkswagen, court rules Margaret Waddell sm

The Ontario Superior Court of Justice dismissed a proposed class action against Volkswagen Aktiengesellschaft (VWAG) in a decision that highlighted the principle of international comity as an important part of securities litigation involving a foreign stock exchange. ... [read more]

Wednesday, August 22, 2018 @ 9:24 AM

What happens when humans cause forest fires morefire_sm.jpg

As large swaths of British Columbia and California burn with both regions in the midst of very active fire seasons, an article in the New York Times blazed with the headline “Behind Most Wildfires, a Person and a Spark: ‘We Bring Fire With Us.’ ” ... [read more]

Tuesday, August 21, 2018 @ 8:34 AM

COMPETITION - Civil remedies

Application by the plaintiff and certain of the defendants for approval of settlements in the certified class proceeding. ... [read more]

Monday, August 20, 2018 @ 1:32 PM

Sixties Scoop survivors now eligible for compensation after approval of settlement Signa Daum Shanks, Osgoode Hall Law School

The long and winding road of getting compensation for Indigenous people who were victims of the notorious Sixties Scoop has come to an end after two courts approved a settlement reached with the federal government late last year. ... [read more]

Monday, August 20, 2018 @ 12:02 PM

What the Canyon Meadows assault decision means to municipalities Video_camera_sm.jpg

In the recent decision McAllister v. Calgary (City) 2018 ABQB 480, the City of Calgary was found liable by the Alberta Court of Queen’s Bench for a random and unprovoked assault which occurred on New Year’s Eve. ... [read more]