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Civil Litigation

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Thursday, March 25, 2021 @ 1:02 PM

Woods adds civil litigation lawyer

Woods announced that Antoine Godin-Landry, newly called to the Quebec bar, has decided to pursue his legal career as a member of its team. ... [read more]

Thursday, March 25, 2021 @ 12:46 PM

Correctional service response to COVID-19 violates rights of incarcerated persons, lawsuit alleges Charlotte-Anne Malischewski, McCarthy Tétrault

Canada’s response to the COVID-19 pandemic in federal correctional facilities is facing scrutiny as seven current and former inmates have launched a court challenge arguing pandemic restrictions, such as lockdowns and a lack of access to services, have violated their constitutional rights. ... [read more]

Thursday, March 25, 2021 @ 12:37 PM

Quebec river has legal personhood: What that means for granting nature rights | Sean Nixon

Renowned for its white-water rapids, the Muteshekau-shipu river (also known as the Magpie River) stretches 300 kilometres through Quebec. ... [read more]

Thursday, March 25, 2021 @ 6:25 AM

CIVIL PROCEDURE - Jury notice - Setting aside or striking out

Motion by the plaintiff HK for an order striking HK’s civil jury notice and directing the trial to proceed by judge alone. In July 2011, the defendant TB was convicted of charges relating to the sexual assault of HK. In this action, HK was seeking damages caused by the sexual assault. ... [read more]

Wednesday, March 24, 2021 @ 3:04 PM

Ottawa appoints four judges to N.L. Supreme Court

The federal Department of Justice (DOJ) on March 24 announced it had filled four judicial vacancies on the Supreme Court of Newfoundland and Labrador.  ... [read more]

Wednesday, March 24, 2021 @ 1:23 PM

Access to (In)justice: A critical race reflection | Joshua Sealy-Harrington

It is a privilege to be invited by the Right Honourable Beverley McLachlin to write the second guest column in her The Lawyer’s Daily series on access to justice. In the first guest column (by Justice Michelle O'Bonsawin), the former chief justice of Canada indicated that her hope for such columns was to widen perspectives on access to justice. With that in mind, I want to briefly explore how the dominant individualistic paradigm of access to justice is flawed, and how we must shift to a systemic paradigm for meaningful access to justice in Canada to be realized. ... [read more]

Wednesday, March 24, 2021 @ 8:43 AM

Gifts to adult children: Presumption of resulting trust Adult handing a key to a child

Adding a child on title to a property or as a joint account holder on a bank account is a common estate planning tool used by many with the goal and intention of hoping to avoid the delay in the administration of estates as a result of probate and also the estate administration taxes that arise when submitting an application for a certificate of appointment of estate trustee. ... [read more]

Wednesday, March 24, 2021 @ 7:59 AM

Attorney general says Ontario moving forward with modernization agenda for justice system Ontario Attorney General Doug Downey

Ontario Attorney General Doug Downey says increasing the number of judicial candidates the attorney general can choose from will help modernize the province’s judicial selection process and is the reason why the government is legislating that change. ... [read more]

Wednesday, March 24, 2021 @ 6:20 AM

CIVIL PROCEDURE - Disposition without trial - Dismissal of action - Another proceeding pending

Application by the defendant Air Canada to dismiss the action based on jurisdiction simpliciter or, alternatively, to stay the action pending final disposition of the proposed class actions. ... [read more]

Tuesday, March 23, 2021 @ 2:32 PM

Discretionary access orders in child protection — Continuing discussion on the debate Child standing in female's hand facing male's hand

This article continues from my previous article, “Discretionary access orders in child protection: Has debate been settled?” (see below for link). There has been a longstanding division in the case law as to whether an access order is permitted to be in the discretion of the Society. On Jan. 27, Justices Mark Shelston, Freya Kristjanson and Lisa Favreau of the Divisional Court settled that question in J.S.R. v. Children’s Aid Society of Ottawa 2021 ONSC 630 — at least to some extent. ... [read more]