Focus On

Civil Litigation


Monday, March 23, 2020 @ 9:29 AM

CIVIL PROCEDURE - Parties - Vexatious litigants

Motion by the defendant for a vexatious litigant order against the plaintiff. The plaintiff, who resided in Ontario, was involved in 67 reported legal proceedings in the last five years, largely related to unfounded allegations of racism. ... [read more]

Friday, March 20, 2020 @ 3:50 PM - Last Updated: Tuesday, March 24, 2020 @ 12:47 PM

B.C. provincial court suspends regular operations as of March 25

Effective March 25, 2020 (and unless otherwise stated in this notice), Chief Judge Melissa Gillespie has suspended regular operations of the provincial court of British Columbia at all of its locations to protect the health and safety of court users and to help contain the spread of COVID-19. In light of the extraordinary circumstances during the current public health emergency, people are strongly discouraged from attending any courthouse. ... [read more]

Friday, March 20, 2020 @ 3:48 PM

Quebec bar sets up free phone-in clinic for questions about COVID-19 Lida_Sara_Nouraie

The Quebec law society launched on March 20 a free telephone call-in legal clinic to help citizens with questions they may have regarding their rights and responsibilities in light of the COVID-19 pandemic. ... [read more]

Friday, March 20, 2020 @ 2:21 PM

What you have to know when pandemic forces you to work from home | Russell Bennett

When I started my law firm (of one) almost two years ago, I decided to work from home. ... [read more]

Friday, March 20, 2020 @ 1:09 PM

Northwest Territories courts mandate telephone appearances by counsel

On March 19, Chief Judge Robert Gorin of the Territorial Courts released directions to the profession in response to COVID-19. ... [read more]

Friday, March 20, 2020 @ 1:04 PM

Manitoba’s Appeal Court scales back to fight COVID-19

The Manitoba Court of Appeal has suspended most of its operations in a bid to rein in the spread of COVID-19. ... [read more]

Friday, March 20, 2020 @ 12:20 PM

Courts can learn to modernize through COVID-19 crisis, experts say Trevor_Farrow_sm

Courts relying on the news media to provide openness after barring the general public from proceedings during the COVID-19 outbreak has cast light on the justice system’s lack of progress in using social media and technology to stay accessible, legal minds say. ... [read more]

Friday, March 20, 2020 @ 11:25 AM

COVID-19: Family law going forward | Gary Joseph

The rush to find alternate ways to assist clients is remarkable. The level of suffering from this pandemic is undeniable but for the family law bar, adversity has spawned a reinvigorated effort to find ways to move matters forward, creatively craft dispute resolution methods and work towards settlement. ... [read more]

Friday, March 20, 2020 @ 9:33 AM

A checklist for franchise causes of action: Damages franchise_magnify_sm

The provincial statutes provide for various exemptions to the obligation to provide a disclosure document. (As with the previous article, references to statutory sections are to provisional Franchise Acts in British Columbia, Manitoba, Ontario, New Brunswick and P.E.I.; the Alberta statute has somewhat different provisions.) The party claiming the exemption, i.e. the franchisor, has the burden of proving the exemption. ... [read more]

Friday, March 20, 2020 @ 9:16 AM

Duty at ‘all stages’ of child protection investigations owed to child, court rules Elizabeth_Bowker_sm

In a decision regarding flawed tests conducted by the Motherisk Drug Testing Laboratory (MDTL), the Ontario Court of Appeal upheld a lower court’s decision that the duty of Children’s Aid Societies in child protection proceedings is owed to the child and not the parents or siblings. The appeals in J.B. v. Ontario (Child and Youth Services) 2020 ONCA 198, sprang from the flawed test results conducted by MDTL, located at the Hospital for Sick Children (SickKids) in Toronto. ... [read more]