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Civil Litigation

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Monday, August 20, 2018 @ 9:26 AM

Get your forms in order for a written notice of lien online_document_sm

There are several new prescribed forms under Ontario's recently amended Construction Act (the “Act”) that all players involved in the construction industry should be aware of. ... [read more]

Friday, August 17, 2018 @ 9:37 AM

Lawyers foresee bumpy road ahead if TWU renews its bid for law school accreditation Barry Bussey

Lawyers foresee a bumpy road ahead if Trinity Western University (TWU) renews its failed bid to create Canada’s first religious law school. The Langley, B.C.-based evangelical Christian private university announced Aug. 14 that starting in the 2018-2019 school year student adherence to its religious-based code of ethics (“community covenant”) will be optional (but not for professors or other staff) — not mandatory as before. ... [read more]

Friday, August 17, 2018 @ 8:44 AM

Wellness: End of civil dialogue bad for legal profession and your health | Darryl Singer

Lately, I find it absolutely necessary for my mental health to give myself a “news free” day. No Canadian or American news. No social media. I’m finding the polarization of political and social viewpoints to be energy depleting and soul sucking. Some commentators have even speculated that it may be a hybrid form of PTSD. ... [read more]

Thursday, August 16, 2018 @ 2:13 PM

DLA Piper adds associate to Toronto office

DLA Piper (Canada) LLP welcomes Ashley Boyes to the firm’s Toronto office as an associate in the litigation, arbitration and investigations group. ... [read more]

Thursday, August 16, 2018 @ 8:44 AM

Gathering the facts for class action reform in Ontario | Nye Thomas

It has been 25 years since the enactment of Ontario’s Class Proceedings Act (CPA). In that time, class actions have grown in number, complexity, impact…and controversy. ... [read more]

Thursday, August 16, 2018 @ 8:41 AM

CIVIL PROCEDURE - Striking out pleadings - Grounds - Estoppel

Appeal by the plaintiffs from the dismissal of their application to strike portions of the response to civil claim and an order precluding the defendant Attorney General of Canada from challenging certain factual assertions made in the pleadings. ... [read more]

Thursday, August 16, 2018 @ 8:39 AM

ASSESSMENT OF DAMAGES - Time for assessment - Limiting factors

Appeal by the plaintiff from the trial judge’s calculation of damages arising from a solicitor’s negligence in failing to convey certain lands to the appellant in 2004. ... [read more]

Wednesday, August 15, 2018 @ 9:32 AM

Supreme Court of Canada Chief Justice Wagner picks francophone litigator as new principal advisor Renee Theriault

The Supreme Court of Canada has announced a key personnel change as it prepares for a busy fall session. On Aug. 14, the top court revealed that Vancouver civil litigator Gib van Ert, the executive legal officer (ELO) to the Chief Justice of Canada for the past three years, has been succeeded in that key role by Renée Thériault — the first francophone female ELO and only the third woman to take on the influential behind-the-scenes job as principal advisor to Canada’s top judge. ... [read more]

Wednesday, August 15, 2018 @ 9:20 AM

Decision narrows definition of Facebook privacy facebook_privacy_sm

In 2017, the Supreme Court of Canada concluded in R. v. Marakah, 2017 SCC 59 that, in certain circumstances, an individual may have a reasonable expectation of privacy in text messages sent and received. However, a recent decision of the Ontario Superior Court of Justice in R. v. Patterson, 2018 4467 has distinguished and significantly narrowed the ambit of Marakah in concluding that a sender of Facebook Messenger messages does not have an objective expectation of privacy in those messages stored on Facebook's servers in the United States. ... [read more]

Wednesday, August 15, 2018 @ 8:36 AM

PUBLIC HEALTH - Food and drug safety

Application by Doshi for judicial review of Health Canada's decision refusing his request for information concerning drugs. ... [read more]