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Civil Litigation

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Thursday, July 18, 2019 @ 9:23 AM

New associate to join IMK advocates in August

IMK advocates announced that Christine Makar will be joining the Montreal litigation firm at the end of her internship in August 2019. ... [read more]

Wednesday, July 17, 2019 @ 2:26 PM - Last Updated: Thursday, July 18, 2019 @ 10:08 AM

LSO debate on Statement of Principles pushed back till September 11 Malcolm Mercer sm

The debate on the Statement of Principles (SOP), which was supposed to continue at a special Convocation in July, won’t be before the Law Society of Ontario (LSO) until September, The Lawyer’s Daily has learned. ... [read more]

Wednesday, July 17, 2019 @ 1:38 PM

Dealing with liability waivers for minors Child sitting with broken legs

What can outdoor/adventure companies, school groups, summer camps, sports teams, recreational/community sports facilities — and their insurers — do to protect themselves from claims brought by minors who injure themselves while participating in a hosted activity? ... [read more]

Wednesday, July 17, 2019 @ 8:37 AM

LCO makes 47 recommendations to reform Class Proceedings Act Nye Thomas sm

On July 17, the Law Commission of Ontario (LCO) released the first “independent” and “comprehensive” assessment of the province’s Class Proceedings Act in 27 years. The report makes 47 recommendations to reform the Act, including improving the speed and cost of class actions, effective scrutiny of counsel fees and settlements and streamlining certification. ... [read more]

Wednesday, July 17, 2019 @ 6:24 AM

WATER - Licensing and permits

Appeal by the defendants from a judgment finding them liable for misfeasance in public office and unlawful means tort. ... [read more]

Monday, July 15, 2019 @ 2:38 PM

B.C. court launches guide to small claims court

The British Columbia provincial court has added a Small Claims Court Guide to the popular Guide to Disputing a Ticket and Guide to preparing for a Family Court Trial currently available on its website. The new guide to preparing for small claims court uses a fictional sample problem to explain the process in B.C. small claims court for people thinking of suing someone and people being sued. ... [read more]

Monday, July 15, 2019 @ 1:26 PM

SCC could ‘abandon’ old case law on implied contracts, says lawyer Brian_Murphy_sm

An East Coast resident is looking towards Canada’s highest court after “antiquated” case law was used in deciding he had breached an implied contract with a company to develop his land for blueberry farming, says his lawyer. The June 25 Prince Edward Island Court of Appeal ruling involved Roger O’Neill and Kings County Construction Ltd. ... [read more]

Monday, July 15, 2019 @ 9:47 AM

REGULATION OF PROFESSION - Disciplinary procedure - Punishments

Appeal by a solicitor, Peet, from a Law Society disciplinary penalty decision. ... [read more]

Monday, July 15, 2019 @ 9:45 AM

COLLECTIVE AGREEMENTS - Negotiation

Motion by Nova Scotia to exclude parts of affidavits. ... [read more]

Friday, July 12, 2019 @ 11:56 AM

Quebec Appeal Court partially overturns lower court ruling in Telus class action Bruce Johnston

Telus became the third Canadian telecommunications giant that has been compelled to pay clients who paid excessive cancellation fees after the Quebec Court of Appeal partially overturned a lower court decision that dismissed the class action. In a case that deals with contract for services, early cancellation fees, abusive clauses and the right of unilateral resiliation under the Civil Code of Quebec (CCQ), the Appeal Court held that Telus overcharged clients who were billed early cancellation fees ... [read more]