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Wednesday, September 11, 2019 @ 11:20 AM

New litigation associate for DLA Piper in Toronto

DLA Piper (Canada) LLP announced that Simon McCleary has joined the firm’s Toronto office as an associate in the litigation, arbitration and investigations group. ... [read more]

Wednesday, September 11, 2019 @ 11:17 AM

Fasken adds commercial litigation partner in Montreal

Fasken announced that Sébastien Richemont has joined the firm as a partner with the commercial litigation group in Montreal. ... [read more]

Wednesday, September 11, 2019 @ 6:26 AM

INTERESTS IN LAND - Joint estates - Partition - Severance by other means

Appeal by Miller from an order requiring her to sell her interests in two properties to the Hieberts. Miller originally owned the properties, a commercial resort with cabins and RV lots and an adjacent vacant lot, with Olson. ... [read more]

Wednesday, September 11, 2019 @ 6:25 AM

CIVIL PROCEDURE - Summary judgments - To dismiss action

Appeal by the executrix from an order striking out her pleadings and dismissing her action. ... [read more]

Tuesday, September 10, 2019 @ 4:10 PM

Apportionment or double counting in determining catastrophic impairment Brain on blue background

Under the Statutory Accident Benefit Schedule (SABS) and associated case law, an applicant will meet the legal definition of catastrophic impairment pursuant to the SABS if it is determined that he/she has suffered a combination of physical and psychological impairments that amount to a whole person impairment in excess of 55 per cent. ... [read more]

Tuesday, September 10, 2019 @ 3:25 PM

Access to justice fund named after former chief justice McLachlin launched

A new fund created to honour the legacy of Canada’s longest-serving chief justice, Beverley McLachlin, was launched on Sept. 10. ... [read more]

Tuesday, September 10, 2019 @ 2:35 PM

Chief Justice Morawetz sworn in, recounts how news of appointment was a happy surprise Chief Justice Geoffrey Morawetz swearing in 3 sm

Contrary to custom, Justice Geoffrey Morawetz may have been the last to know of his appointment to the role of chief justice of the Superior Court of Justice of Ontario as the news release announcing the honour was sent before the Minister of Justice and Attorney General of Canada, David Lametti, could get in touch with him. ... [read more]

Tuesday, September 10, 2019 @ 1:20 PM

Railway loses battle over liability in Quebec Appeal Court ruling Jean-Marie Fontaine

In a setback for the rail industry, Canadian railways will unlikely be able to strike confidential agreements to ship goods that exclude liability or limit them to trivial amounts if damage or loss is sustained, following a recent Quebec Court of Appeal ruling. ... [read more]

Tuesday, September 10, 2019 @ 11:50 AM

In Callidus Capital, SCC looks at litigation funding | Julius Melnitzer

With the Supreme Court of Canada’s decision to hear the appeal in 9354-9186 Québec inc., et al. v. Callidus Capital Corporation 2018 QCCA 632, litigation funding will for the first time be front and centre at the high court. ... [read more]

Tuesday, September 10, 2019 @ 9:01 AM

Art dealer made ‘false representation’ on Morrisseau painting, damages owed, court rules Chloe Snider

The Ontario Court of Appeal has allowed an appeal over a contested Indigenous painting ruling that the trial judge erred in rejecting evidence “based on his own personal research” and misapprehending the evidence of the contract between the parties. ... [read more]