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Civil Litigation

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Friday, September 29, 2017 @ 1:51 PM

First Canadian legal clinic for investors opens at Osgoode Hall Poonam_Puri

Middle-income Ontarians may not qualify for legal aid, but if they have suffered a loss on the capital markets due to improper investment advice or fraud, they will now be able to seek free legal assistance from a student-staffed clinic that opened in September at York University’s Osgoode Hall Law School in Toronto. ... [read more]

Friday, September 29, 2017 @ 8:28 AM

CIVIL PROCEDURE - Pre-trial discovery - Pre-trial examination - Object and scope - Immunity and privileges - Crown immunity - Persons who may be examined - Third party

Appeal by the Attorney General of Canada (AGC) from a judgment of the Quebec Court of Appeal affirming a decision concluding that the obligation to submit to discovery in a proceeding in which it was not a party applied to the federal Crown (Crown). ... [read more]

Thursday, September 28, 2017 @ 12:55 PM

SCC rules Crown immunity shields officials from compelled discovery when Crown not a party Gascon

Federal officials can’t be compelled to submit to discovery in civil actions to which neither the Crown nor its servants are parties, the Supreme Court has ruled 7-0 in overturning a Quebec judgment that had attenuated federal Crown immunity. The Sept. 28 judgment co-written by Justices Clément Gascon and Russell Brown is of note to civil litigators and others interested in the law of Crown liability: Canada (Attorney General) v. Thouin 2017 SCC 46. ... [read more]

Thursday, September 28, 2017 @ 9:07 AM

Federal government plan to increase bilingual judges called a 'timely update' Francis Poulin, Power Law

The federal government has announced an action plan to increase the bilingual capacity of the nation's superior court judiciary. ... [read more]

Wednesday, September 27, 2017 @ 11:57 AM

Request for more judges a necessary move for strained system, lawyers say Melanie_Manchee_sm

Ontario’s Superior Court needs additional judges for a strained system that forces the accused to wait years for trial, makes civil cases the “lesser third cousin” to criminal matters and has children sit in “emotionally charged” homes as parents await divorce proceedings, say lawyers. ... [read more]

Wednesday, September 27, 2017 @ 9:36 AM

Quebec's top court emphasizes deadlines in release of three appeal decisions

In the prime ruling, the Appeal Court found that all parties in litigation, including judges, must contribute to the speed of the process and the creation of a new litigation culture without losing sight of a litigant's right to be heard and access to justice. ... [read more]

Wednesday, September 27, 2017 @ 8:44 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Common interests and issues

Appeal by the plaintiffs from the refusal to certify their action as a class proceeding. ... [read more]

Monday, September 25, 2017 @ 1:16 PM

Bad behaviour can turn a winning litigant in a family law dispute into a loser Litigation costs

The general rule is that a successful party is entitled to costs from the court action. But not always. Cost orders have also become a tool used by judges to reward reasonable conduct and penalize misconduct. ... [read more]

Monday, September 25, 2017 @ 8:41 AM

CIVIL PROCEDURE - Trials - Jury trials - Right to jury

Appeal by the plaintiff, the Trial Lawyers Association of British Columbia, from a summary trial ruling dismissing its petition for constitutional relief. ... [read more]

Thursday, September 21, 2017 @ 12:32 PM

Ontario court decision on insurance limitation periods is one to watch

The province's highest court recently ruled that insurers are not obligated to advise insureds about the applicable limitation period when denying benefits. But it suggested that the legislature may want to consider imposing such a requirement, which is the case in Alberta and B.C. ... [read more]