Areas of

Civil Litigation


Friday, September 16, 2022 @ 6:14 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Certification

Appeal by the defendants Navistar International Corp., Navistar Inc., Navistar Canada Inc. and Harbour International Trucks Ltd. from the certification of the underlying action as a multi-jurisdictional class proceeding. The underlying action concerned the design, manufacture, and sale of certain Navistar heavy-duty diesel truck engines that were sold between 2010 and 2014. ... [read more]

Thursday, September 15, 2022 @ 5:27 PM

[ Legal Wire ] - Rejection of affidavit helps sink woman’s ownership claim of family pizzeria business

The Court of Appeal for Ontario has ruled against a sister in a family battle over ownership of a Manitoba pizzeria business, finding there was no unjust enrichment. The appeal arose from “an unfortunate breakdown in what for many years had been a very close family relationship,” the appellate court began its reasons in Tsitsos v. Poka, 2022 ONCA 647, released on Sept. 13 — and language barriers were an issue. ... [read more]

Thursday, September 15, 2022 @ 3:13 PM

[ Legal Wire ] - B.C. Appeal Court judge denies intervener status in appeal of anti-SLAPP decision

A British Columbia Court of Appeal judge has denied intervener status to two public interest organizations as part of an appeal of a lower court decision which dismissed an application to have a copyright infringement action dismissed as strategic litigation against public participation (SLAPP). ... [read more]

Thursday, September 15, 2022 @ 1:21 PM

What is and is not bad faith in context of dismissal | Stuart Rudner

It’s funny how many allegations of bad faith are made in, well, bad faith. I say that as a mediator and as a lawyer. ... [read more]

Thursday, September 15, 2022 @ 10:55 AM

Lessons from Selling Sunset, part three: Workplace relationships Sunset keys

What better way to end our three-part series on employment law lessons learned from watching Netflix’s Selling Sunset than to talk about romantic relationships in the workplace. As always, there are spoilers ahead. ... [read more]

Thursday, September 15, 2022 @ 6:21 AM

CONSTITUTIONAL VALIDITY OF LEGISLATION - Level of government - Provincial or territorial legislation

Appeal by the Attorney General of British Columbia and several defendants in motor vehicle claims from the declaration that certain legislation was of no force or effect. In 2019, legislation came into force that vested an administrative tribunal, the Civil Resolution Tribunal (CRT), with jurisdiction to decide liability and damages for minor injuries resulting from motor vehicle accidents in British Columbia. ... [read more]

Wednesday, September 14, 2022 @ 5:13 PM

[ Legal Wire ] - Decision on taxation of university-owned rental complex reasonable: Alberta Court of Appeal

The Court of Appeal for Alberta has dealt a blow to the University of Alberta in its attempts to receive the benefit of a City of Edmonton program which reduces property taxes for rental condominiums. ... [read more]

Wednesday, September 14, 2022 @ 5:07 PM

[ Legal Wire ] - Federal Court declares man a vexatious litigant who launched 4 proceedings before it, 10 in P.E.I.

The Federal Court has declared a Prince Edward Island resident who brought repeated litigation against Canada’s five major banks — as well as lawyers and judges — to be a vexatious litigant before that court. ... [read more]

Wednesday, September 14, 2022 @ 2:13 PM - Last Updated: Thursday, September 15, 2022 @ 11:37 AM

[ Legal Wire ] - B.C. Court of Appeal allows secondary market misrepresentation claim in securities class action

B.C.’s top court has granted an application to bring in a statutory claim for secondary market misrepresentation as part of a class action involving an allegedly fraudulent scheme involving the sale of securities. ... [read more]

Wednesday, September 14, 2022 @ 11:29 AM

When no means yes: Laws that replace consent with coercion troubling trend Senior Day

Section 7 of the Canadian Charter of Rights and Freedoms protects Canadians’ right to life, liberty and security of the person and the right not to be deprived thereof other than in accordance with the principles of fundamental justice. ... [read more]