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Civil Litigation


Tuesday, July 04, 2017 @ 08:48 AM

Advocacy for addicts in personal injury litigation | Sandra Kovacs

Addiction, whether to drugs or alcohol, is a prevalent problem in our society: statistics say roughly one out of every five Canadians will meet the criteria for substance addiction during his or her lifetime. With these statistics it is not surprising that personal injury lawyers frequently encounter clients with substance abuse disorders. ... [read more]

Friday, June 30, 2017 @ 12:47 PM

Ontario Court of Appeal affirms that effective exclusion must be part of adverse possession claim Barry Yellin

The Ontario Court of Appeal has dismissed a trial judge’s decision that a couple involved in a boundary disagreement could claim title to the disputed lands by adverse possession, ruling that effective exclusion of their neighbour did not occur. ... [read more]

Friday, June 30, 2017 @ 08:37 AM

Don’t overlook the arbitration solution to commercial court delays

Given the current crisis in commercial court delays, the time has come for counsel and parties to consider arbitration in all tort, family and other disputes that will likely go to trial and that are ready for early resolution. ... [read more]

Thursday, June 29, 2017 @ 11:03 AM

Robichaud's adds associate counsel Surmanski

Thomas Surmanski has joined Robichaud’s as an associate counsel. ... [read more]

Thursday, June 29, 2017 @ 08:49 AM

Parenting co-ordination still misunderstood by courts Parenting coordination

As family law in Ontario has evolved, there has been a growing recognition that the solutions to many of the parenting disputes brought before the Ontario courts is not legal but psychosocial. Parenting co-ordination is a service provided by lawyers and mental health professionals with expertise in family law that helps parents make responsible parenting decisions. ... [read more]

Wednesday, June 28, 2017 @ 06:33 PM

SCC backs novel global ‘takedown order’ blocking Google search results worldwide Robbie Fleming

In a controversial 7-2 decision said to be a global first, the Supreme Court of Canada has upheld a B.C. court’s Internet “takedown order” that requires Google to block from its worldwide search results certain websites alleged to be selling equipment based on the pirated intellectual property of a Canadian company. ... [read more]

Wednesday, June 28, 2017 @ 03:16 PM

CIVIL PROCEDURE - Interlocutory injunctions - Circumstances when granted - Considerations affecting grant - Balance of convenience - Irreparable injury - Form and operation of order - Extraterritorial operation

Appeal by Google Inc. (Google) from a judgment of the British Columbia Court of Appeal affirming an interlocutory injunction granted against Google in the respondents’ favour. ... [read more]

Wednesday, June 28, 2017 @ 09:07 AM

Anti-bribery laws make overseas operations risky business, panel says Jim McGovern

Before he was elected, U.S. President Donald Trump decried the Foreign Corrupt Practices Act (FCPA) as a “horrible law that should be changed.” ... [read more]

Wednesday, June 28, 2017 @ 08:56 AM

Recent decisions clarify exceptions to costs in estate litigation

For over 10 years, the position of costs in estate litigation has been clearly set out as a result of the Ontario Court of Appeal's decision in McDougald Estate v. Gooderham (McDougald). In that decision, Justice Eileen Gillese held that costs in estate litigation should follow the regular rules of civil litigation, where the unsuccessful party is responsible, in some degree, for the successful party's costs.  The only exception to this, pursuant to McDougald, are when public policy considerations are engaged. ... [read more]

Wednesday, June 28, 2017 @ 08:51 AM

TREATIES AND AGREEMENTS - Practice and procedure - Injunctions

Application by the plaintiff, the Blueberry River First Nations, for an interlocutory injunction. The plaintiff's underlying action alleged a breach of substantive Treaty 8 hunting rights and related fiduciary duties by the Province based on the cumulative effect of industrial development within the traditional lands. The plaintiff sought an injunction enjoining the Province from allowing further logging and oil and gas development, processing and transportation in critical segments of its traditional territory pending trial of the action. ... [read more]