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Civil Litigation

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Tuesday, December 17, 2019 @ 4:52 PM

Bar lauds new Liberal plan to fix miscarriages of justice but slams inaction on mandatory penalties David Lametti

Lawyers are expressing disappointment that fixing mandatory minimum penalties (MMPs) is not on the federal government’s new list of justice priorities, but they are also welcoming Liberal commitments to stump up more cash to hire judges and Crowns and to create an independent body to review allegedly wrongful convictions. ... [read more]

Tuesday, December 17, 2019 @ 2:29 PM

Ruling questions default prejudgment interest on non-pecuniary damages Scissors cutting money

In MacLeod v. Marshall 2019 ONCA 842, the Court of Appeal confirmed that Ontario courts have discretion when setting the prejudgment interest (PJI) rates for non-pecuniary damages arising from personal injury actions, thereby signalling a possible shift away from the default rule of five per cent PJI as contemplated by Rule 53. ... [read more]

Tuesday, December 17, 2019 @ 1:09 PM

Singapore Convention a big boost for international mediation global_handshake_sm

The mediation of commercial disputes has been common practice in North America for several years, but its popularity has lagged elsewhere, particularly for cross-border disputes. That may change as this past August, the United Nations Convention on International Settlement Agreements resulting from Mediation opened for signature. ... [read more]

Tuesday, December 17, 2019 @ 11:30 AM

Ontario teachers unions launch Charter challenge amid ongoing contract talks Susan Ursel

Amid negotiations for the renewal of collective agreements in Ontario’s education sector, the province’s four unions representing teachers and support staff joined forces on Dec. 12 to launch a Charter challenge against the Ontario government’s newly passed legislation they claim violates their rights to unrestricted collective bargaining. ... [read more]

Tuesday, December 17, 2019 @ 10:48 AM

New civil litigation associate for St. Lawrence Barristers

St. Lawrence Barristers LLP announced that Lilianne Cadieux-Shaw has joined the firm as an associate.  ... [read more]

Tuesday, December 17, 2019 @ 9:22 AM

Statutory interpretation and ‘ordinary meaning’ of words ordinary_words_sm

One of the ways in which Canadian courts interpret legislation is to analyze the “ordinary meaning” of words. Reference is made to the reader’s first impression of the language, i.e. the meaning that at once comes to mind. ... [read more]

Tuesday, December 17, 2019 @ 6:18 AM

ENFORCEMENT AND PROCEDURE - Civil actions

Appeal by Olumide from an order dismissing his action against the British Columbia Human Rights Tribunal. ... [read more]

Monday, December 16, 2019 @ 2:30 PM

Environmental group seeks standing in case against Volkswagen Tim Gray, Environmental Defence

A proposed plea deal on allegations automotive giant Volkswagen imported diesel vehicles into Canada that did not conform to environmental standards was put on hold last week after an Ontario court agreed to consider an environmental group’s request to seek standing in the matter. ... [read more]

Monday, December 16, 2019 @ 1:44 PM

When foreign divorce may not be valid in Canada Hand holding passport and ticket

In other countries, the preconditions for divorce are different than in Canada. Under s. 3(1) of the Divorce Act, a Canadian judge is not permitted to consider an application for divorce unless one of the spouses has been “ordinarily resident” in a Canadian province for at least one year immediately before the application. This however is not the case with all other countries. ... [read more]

Monday, December 16, 2019 @ 1:27 PM

Under fire Quebec Appeal Court won’t suspend contested secularism bill Emmanuelle Bernheim

A divided Quebec Court of Appeal, grappling with a series of controversial complaints against its chief justice, has refused to stay sections of the province’s secularism bill even though it acknowledges that the controversial ban on religious symbols is causing irreparable harm to some people. ... [read more]