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Civil Litigation


Monday, May 06, 2019 @ 9:12 AM

MARITAL PROPERTY - Practice and procedure - Courts - Jurisdiction

Application by the respondent Hill to add a third-party negligence claim to an existing family law proceeding. ... [read more]

Monday, May 06, 2019 @ 8:36 AM

Access to justice without access to funding: legal aid cuts | Kelly Goldthorpe

“If they actually looked into it, there is more money being spent on lawyer fees and less cases. The people that actually need the system to help them, they aren’t getting the proper support. We have to hold these people accountable. When there’s more money to the lawyers and less money to the people, I’ve got an issue with it.” — Ontario Premier Doug Ford, April 22, 2019. ... [read more]

Friday, May 03, 2019 @ 5:15 PM

SCC rules that Quebec franchisee was ‘employee’ and not independent contractor under labour law Justice Rosalie Silberman Abella

In a judgment of note nationally to participants in franchised businesses, the Supreme Court of Canada has provided guidance on when franchisees are “employees” of franchisors — rather than independent contractors — under Quebec’s labour laws. ... [read more]

Friday, May 03, 2019 @ 9:56 AM

Rethinking corporate criminal liability | Barry Leon

Since the SNC-Lavalin deferred prosecution agreement issue surfaced in the media, along with the assertions that prosecuting the company could harm Canada’s economy, I have been wondering whether our approach to corporate criminal liability should be reconsidered. ... [read more]

Thursday, May 02, 2019 @ 12:31 PM

SCC chief justice to lead international body of francophone constitutional courts Richard_Wagner

Canada’s top judge has assumed the presidency of an international organization dedicated to strengthening the rule of law and promoting judicial independence in French-speaking constitutional courts around the globe. On May 1 in Montreal, Chief Justice of Canada Richard Wagner opened a two-day conference of the Association des Cours Constitutionnelles ayant en Partage l’Usage du Français (ACCPUF) ... [read more]

Thursday, May 02, 2019 @ 8:48 AM

BARRISTERS AND SOLICITORS - Relationship with client - Duty of competence

Appeal by Farkas from an order of the Law Society Tribunal’s Appeal Division. ... [read more]

Thursday, May 02, 2019 @ 8:45 AM

JURISDICTION - International issues (with foreign state or territory)

Motion by the plaintiff for default judgment. ... [read more]

Thursday, May 02, 2019 @ 8:43 AM

PATENTS - Procedure - Parties - Adding or substituting - Pleadings

Motion by the plaintiffs for leave to join Teva Pharmaceuticals and three other corporations as additional defendants and for leave to amend their statement of claim to plead additional facts concerning bringing Herzuma to market in Canada. ... [read more]

Wednesday, May 01, 2019 @ 11:14 AM

Lametti open to ‘good ideas’ from Senate to improve crime, divorce bills, but won’t change MMPs Exclusive

Justice Minister David Lametti tells The Lawyer’s Daily he is open to “good ideas” from the Senate in the coming weeks to improve his government’s divorce (C-78) and criminal procedure (C-75) bills — major reforms he’s determined to get over the legislative finish line before Parliament’s summer break and a fall election. ... [read more]

Wednesday, May 01, 2019 @ 9:25 AM

Ahead of the pack: Advising the board on looming disputes crisis_management_sm

Corporations big and small are vulnerable to an ever-expanding variety of crises, ranging from sexual harassment, environmental disasters and information leaks. Using the fact scenario of a large-scale data breach, I participated on a panel, moderated by Poonam Puri, professor at Osgoode Hall Law School and expert on corporate governance, during this year’s annual Canadian Corporate Counsel Association (CCCA) conference. The panel discussed what corporate counsel can do to effectively manage and contain a crisis while balancing the interests of the board, stakeholders and the public. ... [read more]