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Civil Litigation

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Tuesday, June 16, 2020 @ 9:14 AM

EXPROPRIATION - Entitlement - Compensable interests - Injurious affection

Appeal by the defendant TransLink from a summary trial arising from a class action proceeding. ... [read more]

Monday, June 15, 2020 @ 1:08 PM

The Advocates’ Society names 2020-2021 executive at virtual meeting

The Advocates’ Society announced that it had nearly 1,000 registrants for the first virtual version of its annual End of Term celebration on June 11. Due to the COVID-19 pandemic and social distancing measures the event was held virtually via webcast, followed by collegial networking on Zoom. ... [read more]

Monday, June 15, 2020 @ 1:02 PM

More courtrooms in British Columbia open their doors

The British Columbia provincial court has opened up more courtrooms as the province begins to emerge from the COVID-19 pandemic. ... [read more]

Monday, June 15, 2020 @ 11:42 AM

Commercial prejudgment interest rate awarded on coverage claim Man holding tablet and dollar signs

An insurer who wrongfully denied a $121-million claim must pay prejudgment interest based on the actual cost of borrowing, and not the rates stipulated in the Courts of Justice Act, according to a recent decision of the Ontario Superior Court of Justice. ... [read more]

Monday, June 15, 2020 @ 11:24 AM

Zoom impact on oral advocacy Judgezoom

“Don’t cross your arms,” “Don’t forget eye contact,” “Try not to fidget … yes, put down that pencil.” Are these hallmarks of verbal advocacy about to become less relevant? ... [read more]

Monday, June 15, 2020 @ 5:51 AM

INTERPRETATION - General principles - Context

Appeal by the plaintiff from trial judgment dismissing his claim for breach of contract. ... [read more]

Friday, June 12, 2020 @ 5:36 PM - Last Updated: Friday, June 12, 2020 @ 6:41 PM

SCC issues landmark ruling on minority language education rights, Charter justification and damages Justice Richard Wagner

In a robust and expansive interpretation of the Charter’s s. 23 guarantee of minority language educational rights, the Supreme Court of Canada has mostly allowed the appeal of British Columbia’s sole francophone school board in a milestone judgment that orders the province to pay more than $7 million in Charter damages for failing to properly fund francophone students’ transit and French-language rural schools. ... [read more]

Friday, June 12, 2020 @ 3:27 PM

SCHOOL REGULATION AND ADMINISTRATION - Finances and funding - Constitutional issues - Canadian Charter of Rights and Freedoms

Appeal by the claimants from a decision of the British Columbia Court of Appeal dismissing their appeal and allowing of the respondent Province’s cross-appeal. ... [read more]

Friday, June 12, 2020 @ 2:57 PM

Virtual law post-COVID-19: Will justice thrive in a Zoom future? | Philip Holdsworth

COVID-19 has shocked the judicial system into the digital age, forcing justice to be administered via digital platforms. Video hearings are only a part of this new era of virtual law and Zoom is just the first example of how our legal future will exist in the digital world. ... [read more]

Friday, June 12, 2020 @ 12:24 PM

Construction materials supplier appeals disclosure of customer information Bank account passbook

The case of Roofmart Ontario Inc. v. Canada (National Revenue) 2020 FCA 85 deals with unnamed persons requirements under s. 231.2(2) and (3) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) and its equivalent subsection 289(3) of the Excise Tax Act, R.S.C. 1985, c. E-15. ... [read more]