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Civil Litigation

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Monday, July 15, 2019 @ 2:38 PM

B.C. court launches guide to small claims court

The British Columbia provincial court has added a Small Claims Court Guide to the popular Guide to Disputing a Ticket and Guide to preparing for a Family Court Trial currently available on its website. The new guide to preparing for small claims court uses a fictional sample problem to explain the process in B.C. small claims court for people thinking of suing someone and people being sued. ... [read more]

Monday, July 15, 2019 @ 1:26 PM

SCC could ‘abandon’ old case law on implied contracts, says lawyer Brian_Murphy_sm

An East Coast resident is looking towards Canada’s highest court after “antiquated” case law was used in deciding he had breached an implied contract with a company to develop his land for blueberry farming, says his lawyer. The June 25 Prince Edward Island Court of Appeal ruling involved Roger O’Neill and Kings County Construction Ltd. ... [read more]

Monday, July 15, 2019 @ 9:47 AM

REGULATION OF PROFESSION - Disciplinary procedure - Punishments

Appeal by a solicitor, Peet, from a Law Society disciplinary penalty decision. ... [read more]

Monday, July 15, 2019 @ 9:45 AM

COLLECTIVE AGREEMENTS - Negotiation

Motion by Nova Scotia to exclude parts of affidavits. ... [read more]

Friday, July 12, 2019 @ 11:56 AM

Quebec Appeal Court partially overturns lower court ruling in Telus class action Bruce Johnston

Telus became the third Canadian telecommunications giant that has been compelled to pay clients who paid excessive cancellation fees after the Quebec Court of Appeal partially overturned a lower court decision that dismissed the class action. In a case that deals with contract for services, early cancellation fees, abusive clauses and the right of unilateral resiliation under the Civil Code of Quebec (CCQ), the Appeal Court held that Telus overcharged clients who were billed early cancellation fees ... [read more]

Friday, July 12, 2019 @ 6:26 AM

ADMINISTRATION OF ESTATE - Sale of property

Appeal by 235 Co. from a decision of a motion judge approving the sale of mining claims of Dianor Resources and granting a vesting order that extinguished the appellant’s Gross Overriding Royalty (GOR) in the mining claims in receivership proceedings. ... [read more]

Thursday, July 11, 2019 @ 10:47 AM

Quebec Court of Appeal judge nominated for SCC brings strong expertise in class actions, family, civil law Nicholas Kasirer

Quebec Court of Appeal Justice Nicholas Kasirer, the former McGill University law dean nominated July 10 for the Supreme Court of Canada, professes a passionate commitment to bijuralism; strong expertise in class actions, family and the civil law; and an approach to judicial lawmaking that encompasses both boldness and caution. ... [read more]

Thursday, July 11, 2019 @ 8:22 AM

Execution before judgment scales_justice_sm

It has long been the general rule in Canada that execution cannot be obtained prior to judgment and judgment cannot be recovered before trial. The term execution includes any order abrogating a defendant’s rights prior to a trial. Such orders, apart from certain exceptions, will not be granted. In a rare case, Falcon Motor Express Ltd v. Grewal, et al., 2019 ONSC 1529 (Falcon), the Ontario Superior Court of Justice addressed the difference between execution before judgment and an interim order under the oppression remedy s. 248 of the Ontario Business Corporations Act (OBCA). ... [read more]

Wednesday, July 10, 2019 @ 4:26 PM

Quebec Court of Appeal judge nominated to replace Gascon on SCC

Prime Minister Justin Trudeau announced on July 10 the nomination of the Honourable Nicholas Kasirer to the Supreme Court of Canada. ... [read more]

Wednesday, July 10, 2019 @ 12:12 PM

The special case of liability waivers for minors Child's broken legs

A liability waiver is a legal contract that a participant in an activity signs to waive his or her right to sue for compensation in case of an injury (or death) during the activity. If a participant is injured and decides to sue, the business will seek to have the courts enforce the waiver and have the lawsuit dismissed. While by no means a certain result, it is well established in Canadian law that a liability waiver can be upheld if the waiver was properly drafted and administered according to best practices. ... [read more]