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Civil Litigation

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Monday, March 11, 2019 @ 10:35 AM

A court where the complainant always wins provincial flags

There exists a little-known dispute resolution venue where the complainant has always won. It doesn’t have a permanent location, nor does it have a standing set of adjudicators. And at this venue, no matter how grievous the infraction of the responding party, there is no immediate pathway to seek compensation for damages. What adjudicatory system is this? It is the dispute resolution process under the Canadian Free Trade Agreement. ... [read more]

Monday, March 11, 2019 @ 9:39 AM

ACTIONS - Legislation - Summary judgments - Limitation periods

Motion by the defendant insurer for summary judgment to dismiss the plaintiffs’ action. ... [read more]

Friday, March 08, 2019 @ 8:40 AM

CIVIL PROCEDURE - Pleadings - Failure to disclose a cause of action or defence

Appeal by the plaintiffs from a decision of a motions judge striking certain claims without leave to amend. ... [read more]

Friday, March 08, 2019 @ 8:31 AM

Family trusts: Weighing the true value of a discretionary interest coin_stacks_sm

What is the dollar value of an interest in a discretionary family trust for equalization purposes under Ontario’s Family Law Act? ... [read more]

Thursday, March 07, 2019 @ 5:44 PM - Last Updated: Thursday, March 07, 2019 @ 6:09 PM

PM, Butts deny ‘inappropriate pressure’ in SNC case; ex-AG’s speedy ‘final’ rejection of DPA questioned Justin Trudeau

Prime Minister Justin Trudeau has acknowledged there was an “erosion of trust” between former Attorney General of Canada Jody Wilson-Raybould and his office, especially between Wilson-Raybould and his former principal secretary Gerald Butts. But echoing comments made March 6 by Butts, and by Clerk of the Privy Council Michael Wernick, the prime minister continued to insist that neither he nor his senior officials ever “inappropriately pressured” Wilson-Raybould to shelve the SNC-Lavalin criminal prosecution on fraud and bribery charges ... [read more]

Thursday, March 07, 2019 @ 8:39 AM

The SCC rules in Redwater: Losing battles but winning the war abandoned_oilrig_sm

As the energy sector faced economic hardship during the most recent downturn in Alberta, concerns mounted over who would bear the financial responsibility for the reclamation of wells and pipelines when companies with non-producing assets declare bankruptcy. ... [read more]

Thursday, March 07, 2019 @ 8:36 AM

CHILD PROTECTION - Practice and procedure

Reconsideration of a motion by Jarvis, a third party, for the release of the transcript of evidence given by an assessor at a hearing. ... [read more]

Thursday, March 07, 2019 @ 8:33 AM

ACTIONS - By insured against insurer

Appeal by the insurer from a decision that Nevada law applied to the claim. ... [read more]

Wednesday, March 06, 2019 @ 9:33 AM

Judges make YouTube video to demystify court process for newcomers, teens Samuel_Moreau_sm

The Canadian Superior Courts Judges Association has launched a YouTube video of a common courtroom scenario in efforts to soothe the fears of newcomers and young people when brought before the bench. ... [read more]

Wednesday, March 06, 2019 @ 9:04 AM

A history of access to justice | Sam Goldstein

What the term access to justice means has evolved over time since it first became an issue in the early 1970s to describe the growing concern that class should not be a barrier to obtaining legal advice from a lawyer on how to assert your legal rights. ... [read more]