Focus On

Civil Litigation


Monday, March 16, 2020 @ 9:10 AM

Nova Scotia’s immunity to gambling class actions could face challenge: lawyer Raymond_Wagner_sm

There could be legal challenges to newly passed Nova Scotia legislation shielding the government from class actions by those claiming to have suffered harm from problem gambling, a lawyer says. ... [read more]

Friday, March 13, 2020 @ 5:38 PM

SCC affirms that forward contract was hedge; taxpayer’s intention is determined objectively Rosalie Silberman Abella

In a tax case of note to those engaged with the country’s multitrillion-dollar derivatives market, the Supreme Court of Canada has established a test for deciding whether a derivative instrument is a “hedge” for purposes of determining the income tax treatment of gains or losses. ... [read more]

Friday, March 13, 2020 @ 10:59 AM - Last Updated: Friday, March 13, 2020 @ 5:09 PM

Jury trials nixed over COVID-19; SCC closed to public; courts offer remote hearings, adjournments Vivene Salmon

As concerns mount over the health risks from COVID-19, the Ontario Superior Court of Justice has suspended upcoming jury trials, while both the Supreme Court of Canada and the Ontario Court of Appeal say they will hear scheduled appeals for the time being, but are advising parties to contact the courts should they wish to appear by video or teleconference, or ask for an adjournment of their cases. ... [read more]

Friday, March 13, 2020 @ 8:32 AM

A checklist for franchise causes of action: Statutory claims franchise_magnify_sm

This article provides an outline of frequently claimed substantive causes of action in franchise disputes. The causes of action addressed in this article are statutory claims. ... [read more]

Thursday, March 12, 2020 @ 9:33 AM

New defamation law needed to regulate ‘harmful Internet speech,’ LCO reports Nye_Thomas_sm

After four years of research and international consultations, the Law Commission of Ontario (LCO) has released its “Defamation Law in the Internet Age” report, which proposes 39 recommendations for reforming Ontario’s defamation law to address online attacks on reputation. ... [read more]

Thursday, March 12, 2020 @ 8:57 AM

Vulnerable litigants and family members: A little help from my friends elderly_will_sm

It often happens that sibling “A” becomes suspicious of sibling “B’s” motives when sibling “B” assists an elderly parent in obtaining legal advice or pursuing litigation. Indeed, estate litigators frequently rely on such facts as a basis for an undue influence claim or suspicious circumstances in a will challenge. Can an elderly or vulnerable litigant ever rely on a family member to assist in retaining a lawyer and getting legal advice? And, what is a litigant to do (and, more importantly, not do) when they are concerned that their adversary lacks capacity? ... [read more]

Thursday, March 12, 2020 @ 8:22 AM

BARRISTERS AND SOLICITORS - Relationship with client - Authority to bind client - Settlements

Appeal by the plaintiff from the summary judgment that granted him judgment in relation to a $12,000 loan but dismissed the bulk of his claims. ... [read more]

Wednesday, March 11, 2020 @ 2:41 PM

Relief from forfeiture in context of recoverable depreciation Dollar sign falls in ground

In Champion Products Corp. v. Intact Insurance Company 2020 ONCA 111, the Court of Appeal reversed a $3 million judgment granted in favour of an insured in relation to the destruction of a building due to a fire. The dispute focused on whether the insured was entitled to be indemnified for recoverable depreciation (the difference between the destroyed building’s actual cash value at the time of the fire and the cost to replace it). ... [read more]

Wednesday, March 11, 2020 @ 9:42 AM

ABORIGINAL LANDS - Duties of the Crown - Fair dealing and reconciliation

Applications by four Indigenous Bands for judicial review of an Order in Council approving the Trans Mountain Pipeline Expansion Project on a re-consideration decision. ... [read more]

Wednesday, March 11, 2020 @ 9:34 AM

Run but not hide: U.S. court to rule on Canadian disgorgement order money_magnet_sm

The Nevada Supreme Court is set to hear an appeal of a Nevada District Court’s decision which, if upheld, will mark the first time a U.S. court recognizes an order from a Canadian securities regulator. ... [read more]