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Civil Litigation

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Thursday, November 01, 2018 @ 8:46 AM

INSURERS - Liability

Appeal by the plaintiffs and cross-appeal by the defendants from a certification judgment and related rulings in connection with a class proceeding. ... [read more]

Wednesday, October 31, 2018 @ 8:37 AM

CIVIL PROCEDURE - Injunctions - Circumstances when granted - Irreparable injury

Applications by the District of Saanich and the Province of BC for an interlocutory injunction to clear an encampment in a municipal park and corollary relief. ... [read more]

Friday, October 26, 2018 @ 8:44 AM

PRACTICE AND PROCEDURE - Parties - Representative or class actions

Motion by the plaintiff to certify the action as a class proceeding. ... [read more]

Thursday, October 25, 2018 @ 12:00 PM

Top judge warns of ‘worrying trend’ of incivility on bench, urges judges to lead by example, avoid personalized attacks Richard Wagner

Canada’s top judge is warning that the Canadian judiciary is not immune from the “excesses and loss of control” that too often infect public discourse, and which are also reflected in some vitriolic judicial opinions emanating from south of the border. ... [read more]

Thursday, October 25, 2018 @ 9:28 AM

B.C. Court of Appeal decision could have chilling effect on wrongful dismissal actions: lawyer

A B.C. woman has had an award of damages in a wrongful dismissal case overturned after the province’s Court of Appeal ruled her treatment did not rise to a level where compensation for aggravated damages was warranted, and her lawyer says he is concerned the effect the decision could have on people in similar situations. ... [read more]

Wednesday, October 24, 2018 @ 12:01 PM

Manitoba wrong to ban all cannabis from courthouses: lawyer Abby_Deshman_sm

Manitoba is being discriminatory in its “blanket” ban of all cannabis in its courthouses, says a lawyer with the Canadian Civil Liberties Association (CCLA). Abby Deshman, director of the CCLA’s criminal justice program, takes particular issue with the part of Manitoba’s court policy that bans medical marijuana along with the recreational kind, which was legalized nationally on Oct. 17. ... [read more]

Wednesday, October 24, 2018 @ 9:27 AM

Justice Côté goes own way in almost 40% of cases but her SCC admin law dissents push the court TLD Exclusive

When the Supreme Court zigs, this judge zags. As she closes in on her fourth anniversary at the top court Dec. 1, Justice Suzanne Côté, a former star civil litigator from Montreal, is staking her claim to the “great dissenter” mantle worn most recently by several of her predecessors from Quebec, Marie Deschamps, Morris Fish and Claire L’Heureux-Dubé. ... [read more]

Wednesday, October 24, 2018 @ 9:03 AM

Small steps in securing corporate accountability corporate_legaladvise_sm

Corporate accountability remains a tenuous subject for jurists in Canada and across the western world. The recent Chevron case in Canada (Yaiguaje v. Chevron Corp. 2018 ONCA 472) is evidence of that. Jurists are grappling with developing a legal theory that will hold corporations accountable, and yet allow them to enjoy distinct legal personalities. ... [read more]

Wednesday, October 24, 2018 @ 8:27 AM

CIVIL PROCEDURE - Class counsel - Fees

Appeal by Great-West Life from a decision on class counsel fees, costs and the imposition of a levy. ... [read more]

Tuesday, October 23, 2018 @ 9:34 AM

Report shows very few Canadians can fully access legal system: author Trevor C.W. Farrow, Osgoode Hall Law School

Accessing the legal system is taking a large bite out of average Canadians’ bottom lines and is adding extensive cost to social programs, according to a new report from a think tank dedicated to civil justice reform. The Canadian Forum on Civil Justice (CFCJ) released its survey data report on “Everyday Legal Problems and the Cost of Justice in Canada” earlier this month, as part of its larger “Cost of Justice” series. ... [read more]