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Civil Litigation


Wednesday, January 31, 2018 @ 1:19 PM

McCarthy Tétrault announces 18 new partners

Eighteen new members have been added to the ranks of partnership at McCarthy Tétrault LLP. ... [read more]

Wednesday, January 31, 2018 @ 9:35 AM

Raibex decision: Ontario Court of Appeal clarifies ‘no disclosure’ franchise_disclosure_sm

In an important decision released on Jan. 25, 2018, followed closely by the franchise bar, the Court of Appeal for Ontario reversed a controversial decision of a Toronto Superior Court motion judge in Raibex Canada Ltd. v. ASWR Franchising Corp. in favour of the franchisor which operates the AllStar Wings & Ribs franchise.   ... [read more]

Tuesday, January 30, 2018 @ 9:34 AM

In Quebec, know your legislation in order to avoid appeals

In six brief paragraphs, Quebec’s Appeal Court recently applied a crucial rule of civil procedure governing appeals from the Court of Quebec. In doing so, it provided litigants a blunt reminder of certain limits to dispute resolution in Quebec. ... [read more]

Tuesday, January 30, 2018 @ 9:07 AM

CORPORATIONS - Oppression remedy - Standing - Complainant - Grounds - Conduct that unfairly disregards the interest of any security holder, creditor, director or officer

Appeal by the defendants from trial judgment granting the respondent a remedy for oppression. ... [read more]

Tuesday, January 30, 2018 @ 7:01 AM

Indigenous jurists made up 21% of applicants for SCC vacancy Kim Campbell

Fourteen jurists vied last fall to fill the Supreme Court’s western vacancy — of which 21 per cent self-identified as Indigenous, according to the Independent Advisory Board for Supreme Court of Canada Appointments, chaired by former prime minister Kim Campbell. ... [read more]

Monday, January 29, 2018 @ 12:10 PM

U.S. firm names three Canadian-based partners

Among the 20 new partners and five new counsel appointed by Chicago-based Baker McKenzie, three are in the firm’s Toronto office. ... [read more]

Monday, January 29, 2018 @ 9:45 AM

B.C. Court of Appeal ruling could be leading case on contracts, trusts: lawyer Barry Kirkham, Owen Bird Law Corporation

The B.C. Court of Appeal has ruled against an Ontario-based company in its quest to obtain information about a voting trust agreement it set up with a business associate, a decision the appellant’s lawyer says could become a leading case on the interface between contracts and trusts. ... [read more]

Friday, January 26, 2018 @ 2:57 PM

Vancouver firm expands to Toronto

Recent changes to its business have created a new name and a new office for the Vancouver firm formerly known as Singleton Urquhart LLP. ... [read more]

Friday, January 26, 2018 @ 10:08 AM

ASSESSMENT OF DAMAGES - Time for assessment - Measure of damages - Difficulty in assessment

Appeal by the plaintiff, Western Troy Capital Resources Inc., from the damages award of $1.25 million granted in its favour for negligence and negligent misrepresentation. ... [read more]

Friday, January 26, 2018 @ 8:43 AM

Litigation beyond Tax Court: Injunctions, appeals and mandamus orders

The Tax Court has two procedural veins, general and informal, and the Federal Court of Appeal’s (FCA) ability to hear an appeal is constrained by the procedure chosen. Specifically, an appeal lies to the FCA from informal procedure at Tax Court only on the limited grounds set out in s. 27(1.3) of the Federal Courts Act. Some of the grounds are quite specific, such as basing a decision on an erroneous finding of fact that it made in a perverse or capricious manner while other grounds are broader, such as failure to observe a principle of natural justice or procedural fairness. ... [read more]