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Civil Litigation

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Thursday, March 14, 2019 @ 8:34 AM

Access to justice for animals: It’s possible | Victoria Shroff

As part of the Access to Civil Justice for Middle Income Canadians Colloquium in February 2011, the then Chief Justice of Canada, Beverley McLachlin, stated, “It [access to justice] is a fundamental right, not an accessory.” ... [read more]

Wednesday, March 13, 2019 @ 8:34 AM

In search of the civilized divorce negotiated_divorce_sm

At the end of the movie The War of the Roses, divorce lawyer, Gavin D’Amato (played by Danny Devito) advises a client who is contemplating divorce that he has two options: either move forward with the divorce with the goal of getting through it “as quickly and cleanly as possible so you can begin rebuilding your life” or return to his spouse and attempt to repair his marriage. His sage advice was borne out of his experience that, in divorce, “there is no winning, only degrees of losing.” ... [read more]

Wednesday, March 13, 2019 @ 8:06 AM

Applying deliberative secrecy to arbitral tribunals secret_decision_sm

The principle of deliberative secrecy prevents disclosure of how and why adjudicative decision makers make their decisions. This protection is necessary to help preserve the independence of decision makers, to promote the consistency and finality of decisions and to prevent decision makers from having to testify about their decisions. The courts have yet to explicitly apply this public law principle to arbitral tribunals. However, given the similarities in the functions performed between arbitrators and other adjudicative decision makers, it is in the interest of justice to extend the application of this principle to arbitral tribunals. ... [read more]

Wednesday, March 13, 2019 @ 6:09 AM

CIVIL PROCEDURE - Summary judgments - To dismiss action

Appeal by the plaintiff from summary judgment dismissing his action against the respondent University for loss of income, pain and suffering, and out of pocket expenses resulting from his having been deprived of the opportunity to complete a Ph.D. degree. ... [read more]

Tuesday, March 12, 2019 @ 3:04 PM

Quebec Appeal Court upholds landmark $17 billion tobacco class action

The Quebec Court of Appeal, in an explicit and stark warning to manufacturers that they will be held liable for damages for breaching their duty to inform, upheld a landmark lower court ruling that ordered three leading Canadian tobacco companies to pay up to $17 billion, including interest, in damages to Quebec smokers, the largest damage award in Canadian history. ... [read more]

Tuesday, March 12, 2019 @ 11:43 AM - Last Updated: Tuesday, March 12, 2019 @ 11:59 AM

Federal Court nixes judicial review for SNC-Lavalin; DPAs a ‘classic’ matter of prosecutorial discretion, expert says Jennifer Quaid

The Federal Court has lobbed the SNC-Lavalin hot potato back into the lap of Justice Minister David Lametti in a novel — but widely anticipated — decision that declines to judicially review the Director of Public Prosecution’s (DPP) refusal last fall to negotiate a remediation agreement with the Montreal construction giant headed to trial on bribery and fraud charges. ... [read more]

Tuesday, March 12, 2019 @ 8:41 AM

Feds launch directive on automated decision making AI_decision_sm

On March 4, 2019, Jane Philpott, president of the Treasury Board and minister of digital government, launched the federal government’s Directive on Automated Decision Making purported to guide government departments in the transparent and accountable use of artificial intelligence (AI). ... [read more]

Monday, March 11, 2019 @ 2:29 PM

Nova Scotia vulnerable feel ‘helplessness and disappointment’ in accessing justice, official says Luther

Nova Scotia has been pairing cutting-edge data gathering with old-fashioned legwork to address a lack of access to justice for the province’s most vulnerable — many of whom, it was found, have given up on the justice system. ... [read more]

Monday, March 11, 2019 @ 1:53 PM

Biron named managing partner of Woods LLP

Litigation, arbitration and insolvency boutique Woods LLP announced the appointment of Caroline Biron as managing partner of the Montreal firm, effective March 1. ... [read more]

Monday, March 11, 2019 @ 1:32 PM

Ottawa promotes judge, appoints two others in B.C.

Justice Canada announced the following judicial appointments for the province of British Columbia on March 8: ... [read more]