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Civil Litigation


Friday, January 26, 2018 @ 6:45 AM

Windsor law school’s data breach at ‘low end’ but still a problem for those affected: privacy litigator Ted Charney

A data breach at the University of Windsor’s law school exposing hundreds of JD applicants’ names, e-mail addresses, birthdates, LSAT scores and other sensitive information is “at the low end” of privacy breaches, but could still have serious repercussions for the applicants whose privacy was violated, suggests a leading class action lawyer. ... [read more]

Thursday, January 25, 2018 @ 8:34 AM

THE INSURANCE CONTRACT - Interpretation - Coverage provisions and exclusion clauses

Appeal by the defendant insurers from partial summary judgment granted in favour of the plaintiff, TB Bank, N.A. (Bank). ... [read more]

Thursday, January 25, 2018 @ 8:21 AM

Civil juries: Gambling in a new age | Patrick Brown

What happens at the end of a jury case would not matter so much if we ensured that jurors were screened for bias at the beginning. Unfortunately in Ontario and other Canadian jurisdictions we have no real mechanism to do that. ... [read more]

Wednesday, January 24, 2018 @ 1:22 PM

Partner with Montreal firm named Quebec judge

Pascale Nolin is the newest justice on the Superior Court of Quebec. ... [read more]

Tuesday, January 23, 2018 @ 9:32 AM

Yes summary judgment is fast, but not always best for wrongful dismissal your're_fired_sm

When the Supreme Court in Hryniak v. Mauldin  2014 SCC 7 rewrote the law on summary judgment, it opened the doors to a fast and cost-effective method of obtaining judgment for terminated employees. Since then, courts across Canada have specifically recognized that straightforward wrongful dismissal cases are particularly well-suited for summary judgment. However, the Ontario Court of Appeal has repeatedly scaled back the option of summary judgment. ... [read more]

Tuesday, January 23, 2018 @ 9:28 AM

When is the right to sue for damages from historic contamination lost?

The discovery of historic contamination can be problematic for a plaintiff in Alberta, a jurisdiction with a 10-year ultimate limitation period. But what if the contamination was caused by a previous operator at the property decades ago? The Alberta Court of Queen’s Bench recently considered this issue. ... [read more]

Tuesday, January 23, 2018 @ 8:33 AM

MARITAL PROPERTY - Division of family property on death - Practice and procedure - Limitation periods

Appeal by Baker from the summary dismissal of his application for an order dividing the property of his estranged spouse, Ramsdell, following Ramsdell’s death. ... [read more]

Tuesday, January 23, 2018 @ 7:19 AM

B.C. bar, top judge seek speedier federal judge appointments Bill Veenstra

Every Monday for the past five months or so, British Columbia Supreme Court Chief Justice Christopher Hinkson has asked some lawyers and litigants scheduled to be heard that week to come to his courtroom so he can inform them in person that regrettably, due to judicial vacancies at the busy trial court, their trials and chambers applications must be postponed — with all of the wasted time, money and energy that will entail. ... [read more]

Monday, January 22, 2018 @ 8:25 AM

Aging population protected by SCC proprietary estoppel decision

When children plan for the care of their elderly parents, promises are often made among family members. From time to time, the promises involve one sibling giving up part of their inheritance in exchange for the other caring for their aging parents. These promises often involve ambiguous terms, or are not properly documented and are therefore unenforceable since they do not constitute binding agreements. ... [read more]

Friday, January 19, 2018 @ 2:17 PM

AIR TRANSPORTATION - Regulation - Federal - Complaints about air carriers - Canadian Transportation Agency

Appeal by Delta Air Lines Inc. (Delta) from a judgment of the Federal Court of Appeal setting aside a decision of the Canadian Transportation Agency (Agency) dismissing Lukács’s complaint for discriminatory practices. ... [read more]