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Monday, July 10, 2017 @ 12:27 PM

Two new associates join Robins Appleby

Robins Appleby has added two new associates, Jonathan Preece and Ladislav Kovac. ... [read more]

Monday, July 10, 2017 @ 11:48 AM

CIVIL PROCEDURE - Disposition without trial - Dismissal of action - Delay or failure to prosecute - Trials - Conduct of

Appeal by an inmate from the dismissal of his actions for delay. After the appellant’s actions survived a Status Review, the actions became specially managed proceedings under the case management of a prothonotary. ... [read more]

Monday, July 10, 2017 @ 07:40 AM

Cassels Brock was in conflict of interest by acting for three parties in same case, court of appeal rules Marie-Andree Vermette

The Ontario Court of Appeal has issued a blanket endorsement of a trial judge’s findings of liability against law firm Cassels Brock & Blackwell, ruling that it was in a conflict of interest and breached its fiduciary and contractual obligations to a group of auto dealers during the restructuring of General Motors of Canada Ltd. ... [read more]

Friday, July 07, 2017 @ 10:58 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Procedure

Cross-motions for summary judgment in a proposed class action. The two representative plaintiffs were involuntary patients detained in the Oak Ridge Division at the Penetanguishene Mental Health Centre operated by the defendant, the Province of Ontario. ... [read more]

Friday, July 07, 2017 @ 08:54 AM

Courts struggle for balance with material changes to renewal franchise agreement

How much leeway does a franchisor have to introduce material changes into a renewal franchise agreement? This depends on the wording of the renewal clause in the original franchise agreement. ... [read more]

Thursday, July 06, 2017 @ 09:29 AM

Appeal decision highlights dangers of poorly drafted release

When it comes to releases, the Ontario Court of Appeal has recently reminded litigators that precedents are dangerous and words do, in fact, matter. ... [read more]

Thursday, July 06, 2017 @ 08:14 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Procedure

Cross-motions for summary judgment in a proposed class action. The two representative plaintiffs were involuntary patients detained in the Oak Ridge Division at the Penetanguishene Mental Health Centre operated by the defendant, the Province of Ontario. ... [read more]

Wednesday, July 05, 2017 @ 02:23 PM

Cox & Palmer welcomes four new associates

Four new associates have joined Cox & Palmer’s New Brunswick offices. ... [read more]

Wednesday, July 05, 2017 @ 10:17 AM

ACTIONS BY AND AGAINST MUNICIPALITIES - Actions against municipality - Bringing action - Serving notice

Appeal by the defendant City of North Vancouver (City) from a decision of a chambers judge setting aside a Master’s order that added the City as a defendant to Anonson’s action without prejudice to the City’s ability to advance its late notice defence at trial. ... [read more]

Wednesday, July 05, 2017 @ 08:52 AM

'Unfair' will doesn't equate to undue influence

It is a fundamental principle of contract law that parties to a contract must mutually consent to a contract’s terms. A contract can be voided if one party’s consent was given under domination or duress. Courts may, for instance, set aside testamentary documents that are created in circumstances where the testator, grantor or donor was subject to “undue influence.” ... [read more]