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Civil Litigation

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Tuesday, October 23, 2018 @ 8:53 AM

Supreme Court weighs in on parliamentary privilege | Mark Bourrie

Most lawyers will never handle a case that runs up against parliamentary privilege. When they do, they’re often trapped in a legal black hole where administrative law and even some aspects of the Charter may not apply. ... [read more]

Monday, October 22, 2018 @ 1:49 PM

Access to justice: New models for legal services | Marcus Sixta

There is a crisis in our court system. Legal representation is beyond the reach of many Canadians, especially in the family law courts. ... [read more]

Monday, October 22, 2018 @ 12:54 PM

Fogler, Rubinoff adds partner, counsel

Fogler, Rubinoff LLP announced the addition of partner Eric Hoffstein and counsel John Rowinski to the firm’s Toronto office.   ... [read more]

Friday, October 19, 2018 @ 2:29 PM

SCC sheds light on ‘care, custody & control’ exclusion clause in Quebec commercial liability insurance contract Clément Gascon

The Supreme Court of Canada has 9-0 overturned a Quebec Court of Appeal ruling which relied on a standard liability exclusion clause in that province’s insurance contracts to reject a hotel’s insurance claims in respect of two guest cars stolen from the hotel’s “park and fly” parking lot. On Oct. 19, Justice Clément Gascon (Justice Malcolm Rowe concurring) ruled that the Appeal Court shouldn’t have interfered with the decision of the Court of Quebec judge below ... [read more]

Thursday, October 18, 2018 @ 8:44 AM

ENVIRONMENTAL LIABILITY - Civil litigation

Appeal by the defendants from refusal of an order dismissing the plaintiff's action pursuant to s. 137.1 of the Courts of Justice Act (CJA). ... [read more]

Thursday, October 18, 2018 @ 8:42 AM

DEFAMATION - What constitutes defamatory words - Defences

Appeal by the plaintiff from the dismissal of his action. ... [read more]

Wednesday, October 17, 2018 @ 8:39 AM

DEFAMATION - Practice

Appeal by the defendants from refusal to dismiss a defamation action pursuant to s. 137.1 of the Courts of Justice Act. ... [read more]

Wednesday, October 17, 2018 @ 8:36 AM

HEALTH CARE PROFESSIONALS - Discipline - Pharmacists

Appeal by the Ontario College of Pharmacists from a judicial review judgment in favour of the respondent, Abdul. ... [read more]

Tuesday, October 16, 2018 @ 3:24 PM - Last Updated: Tuesday, October 16, 2018 @ 5:11 PM

Ottawa says it’s replacing ‘administrative segregation’ with ‘structured interventions’ for certain inmates

Prisoners’ rights advocates say the devil is in the details of proposed Liberal government reforms that would replace the constitutionally dubious practice of “administrative segregation” with “a new correctional interventions model” that would divert offenders who cannot be managed in the general population to newly created “structured intervention units” (SIUs) that offer inmates “an opportunity” for a minimum of four hours per day outside their cells and a minimum of two hours a day “of meaningful human contact.” ... [read more]

Tuesday, October 16, 2018 @ 9:51 AM

SCC precedent key in rescue group’s appeal against ousted volunteer, lawyer says

Courts will not interfere with a volunteer organization’s expulsion of a member unless the latter has a “proprietary interest” via that membership, a lawyer says of an appeal involving a Manitoban who was booted from a search and rescue team. Leaning heavily on precedent set by the Supreme Court of Canada, the Court of Appeal of Manitoba ruled on Oct. 1 that a lower court was wrong to reinstate the membership of one Jim Bell as a volunteer with the Civil Air Search and Rescue Association of Manitoba (CASARA Manitoba).   ... [read more]