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Civil Litigation


Tuesday, January 21, 2020 @ 5:49 AM

ACCESS TO INFORMATION AND PRIVACY - Protection of privacy - Personal information

Application by BC Hydro for judicial review of a decision of the Privacy Commissioner determining that the applicant was required to disclose certain employee names in response to an access to information request relating to an anticipated dam and hydroelectric generating station. ... [read more]

Monday, January 20, 2020 @ 3:18 PM

Be mindful when breach of broker’s duties occurs Man with long nose dollar sign

A recent case from Alberta, Duraguard Fence Ltd. v. Badry 2019 ABQB 783, warns of the dangers of breaching broker duties when an insurance broker fails to consider the insured’s loss history and foreseeable claims while placing insurance coverage. ... [read more]

Monday, January 20, 2020 @ 2:10 PM

Amicus curiae in private family law cases puzzle_piece_sm

The Ontario Court of Appeal has enunciated the principles governing the appointment of amicus curiae (friend of the court) in private family law cases — and the message from Morwald Benevides v. Benevides 2019 ONCA 1023 is unequivocally that appointments in such cases should be the exceptions to the rule. ... [read more]

Monday, January 20, 2020 @ 12:02 PM

Alberta commission seeks public’s input on JP compensation

Alberta’s Justices of the Peace Compensation Commission is seeking the public’s input on compensation levels for the province’s justices of the peace.  ... [read more]

Monday, January 20, 2020 @ 9:41 AM - Last Updated: Tuesday, January 21, 2020 @ 11:15 AM

Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec TLD Exclusive

The Supreme Court of Canada divided on the outcomes of appeals in 60 per cent of the cases it decided in 2019, and spoke with one voice in just one-third of its appeal judgments — a record low unanimity rate in at least 30 years, an analysis by The Lawyer’s Daily discloses. ... [read more]

Monday, January 20, 2020 @ 8:36 AM

Statutory damages in franchise disputes scales_money_sm

Statutory damages under provincial franchise legislation provide for rescission reimbursement, damages caused by misrepresentation or failure to comply with disclosure obligations, damages for breach of the duty of fair dealing and damages for breach of the right to associate. ... [read more]

Friday, January 17, 2020 @ 1:54 PM

Will carbon majors have to pay for climate damage? It’s quite possible Earth melting to water

When at risk of being forced to act by the courts, Canadian governments may choose to make the carbon majors pay instead of taxpayers. Governments have many ways to make the carbon majors pay for climate damage, including administrative orders under existing legislation. But is there a more direct route? ... [read more]

Friday, January 17, 2020 @ 12:32 PM

Quebec Justice Ministry’s ‘ambitious’ strategic plan spurs questions Jean-François Roberge

An ambitious strategic plan unveiled by the Quebec Ministry of Justice outlines measures the provincial government expects to implement over the course of the next three years to curb criminal and penal court delays, accelerate the deployment of technologies in the justice system, boost the use of alternative dispute resolution and improve access to justice. ... [read more]

Friday, January 17, 2020 @ 9:12 AM

Church constitution, bylaws establish contract with congregants, court rules Anthony Colangelo sm

The Ontario Court of Appeal has allowed the appeal of congregants who were expelled from their church after a dispute with the organization’s leadership. Counsel involved in the case said the decision helps clarify the Supreme Court of Canada’s ruling in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall 2018 SCC 26. ... [read more]

Friday, January 17, 2020 @ 8:41 AM

CIVIL PROCEDURE - Costs - Party and party or partial indemnity

Appeal and cross-appeal from trial judgment respecting interest and costs in a builders’ lien action. ... [read more]