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Civil Litigation

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Friday, November 18, 2022 @ 10:09 AM

Next up for Civil Rules Committee | Michael Lesage

There was a big day recently at the Ontario Superior Court. Belatedly, the Civil Rules Committee recognized what other jurisdictions (and tribunals within Ontario) have long since known, that lawyers are capable, all by themselves, of both serving and filing documents with the court without assistance. As such, starting Jan. 30, 2023, Rule 16.09 will be amended, and it will no longer be a two-person job to serve and file a document. At long last, common sense has prevailed. ... [read more]

Thursday, November 17, 2022 @ 5:11 PM

[ Legal Wire ] - Court allows scope of services in retainer to cover third-party expense, holds lawyer to fee cap

The Ontario Court of Appeal has partially allowed an appeal in a dispute over a “retainer agreement between a lawyer and their client because it is not fair and reasonable to the lawyer.” ... [read more]

Thursday, November 17, 2022 @ 3:49 PM

Ottawa tables reforms to ports, rail and marine transport laws, proposes offences, new, bigger AMPs Omar Alghabra

In its proposed overhaul of federal legislation related to ports, railways and transportation of dangerous goods, Ottawa has proposed multiple changes, including amendments that would variously boost the powers (including search powers) of the federal transport minister and boost existing administrative monetary penalties (AMPs), while also creating offences, as well as a new AMP regime to enforce safe transportation of dangerous goods across Canada. ... [read more]

Thursday, November 17, 2022 @ 2:15 PM

Digital audiobooks: Certification of prospective B.C. conspiracy class action denied, part one Stack of books wearing headphones

The case of Williams v. Audible Inc., 2022 BCSC 834 arises from a proposed conspiracy class action focused on the exclusivity provisions in an agreement between Audible Inc. (Audible) and Apple Inc. (Apple) relating to the distribution and sale of digital audiobooks in Canada. ... [read more]

Thursday, November 17, 2022 @ 11:42 AM

Canada sanctions Iranian firms supplying combat drones for Russia’s illegal war against Ukraine Melanie Joly

Ottawa has unveiled its fifth round of sanctions this year against Iranian individuals and entities complicit in human rights violations and other nefarious actions, both within Iran and beyond.   ... [read more]

Thursday, November 17, 2022 @ 11:10 AM

Reasonable care analysis in all-terrain vehicle accident case Yellow ATV

A recent Ontario Superior Court of Justice case, Desrochers (Litigation guardian of) v. McGinnis [2022] O.J. No. 3891, revisited the principles of proving negligence in a case where the plaintiff was injured while operating the defendants’ all-terrain vehicle (ATV). ... [read more]

Thursday, November 17, 2022 @ 10:49 AM

For non-competition covenants to work, be reasonable | Stuart Rudner

For quite a while now, non-competition covenants have been unenforceable against former employees in most cases. However, many employers continued to include them in their employment agreements, either because they want to deter employees who are not aware of the law, or because they themselves were unaware of the law and assumed they would be enforceable. With recent legislative changes in Ontario, such clauses are now unlawful in most cases. ... [read more]

Wednesday, November 16, 2022 @ 4:59 PM

[ Legal Wire ] - Court denies ‘modified test’ for injunction in municipal tax arrears dispute

The Alberta Court of King’s Bench has dismissed an application from a developer for a permanent injunction against the Village of Nampa that would have forestalled the auction of its properties to collect back taxes. ... [read more]

Wednesday, November 16, 2022 @ 4:10 PM

[ Legal Wire ] - B.C. court rules encumbrances on land do not get buyer off hook in contract dispute

The British Columbia Supreme Court has ruled that an investment group was in breach of contract and is liable to pay a $1-million deposit for 8,200 acres of northeastern B.C. land that it did not purchase. ... [read more]

Wednesday, November 16, 2022 @ 3:38 PM

LSO treasurer speaks out against bencher Goldstein’s comments on OBA after Twitter backlash Jacqueline Horvat, LSO treasurer

The Law Society of Ontario’s (LSO) treasurer has issued a statement distancing the organization from one of its benchers, Sam Goldstein, after a post he made on Twitter regarding the Ontario Bar Association’s (OBA) new Innovator in Residence announcement inspired backlash from the profession. ... [read more]