Wednesday, October 30, 2019 @ 8:25 AM
CIVIL PROCEDURE - Parties - Vexatious litigantsMotion by Bernard seeking to set a hearing date for her judicial review application. ... [read more]
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Wednesday, October 30, 2019 @ 8:22 AM
Proprietary estoppel: Promises made, promises broken
Justice Susan Woodley’s opening lines in Mulholland v. BMO Trust Co. 2019 ONSC 5785, are telling: “Few proceedings are as complicated, contentious, or costly, as an estate dispute amongst family members. This proceeding is no exception.” ... [read more]
Tuesday, October 29, 2019 @ 12:20 PM
Clément Gascon reflects on 5 years at SCC; says access to justice ‘huge challenge’ for bar, bench
Lawyers could face mandatory pro bono obligations if they don’t rise to the “huge challenge” of facilitating civil access to justice for Canadians who can’t afford their services, newly retired Supreme Court of Canada Justice Clément Gascon tells The Lawyer’s Daily. ... [read more]
Tuesday, October 29, 2019 @ 10:55 AM - Last Updated: Tuesday, October 29, 2019 @ 4:13 PM
Lawyers praise Gascon’s contributions to SCC and Canadian civil and common law
Departing Supreme Court of Canada Justice Clément Gascon is described by court watchers as a “rigorous,” “fair-minded” and “supremely diligent” judge whose opinions developed both the civil and common law during his five years at the highest court. ... [read more]
Tuesday, October 29, 2019 @ 9:10 AM
Whole new look at limitation periods in family law
In Ontario, is there an irrefutable presumption that a domestic contract is valid if not set aside within two years from when a claim ought to have been discovered? The case of F.K. v. E.A., 2019 ONSC 3707 suggests such a conclusion. ... [read more]
Tuesday, October 29, 2019 @ 8:14 AM
ACTIONS - Practice and procedure - CostsAppeal by the defendant insurer from the award of special costs against it. ... [read more]
Monday, October 28, 2019 @ 1:55 PM
International arbitration gets innovative: Cross-border insolvencies
Most of us are familiar with the use of arbitration to resolve international commercial disputes and to resolve claims by foreign investors against host countries under various forms of investor protection treaties. More recently there has been increasing attention on potential innovative uses of arbitration for other forms of disputes, including for climate change and claims by local populations, government bodies and others against foreign controlled natural resource and manufacturing enterprises that are alleged to have caused harm to local populations, including to their environment. ... [read more]
Monday, October 28, 2019 @ 1:50 PM
Robins Appleby adds partner and associatesBusiness law firm Robins Appleby is welcoming one new partner and four associates to the firm. ... [read more]
Monday, October 28, 2019 @ 12:15 PM
Gowling to contribute $125,000 to Pro Bono OntarioGowling WLG has made a five-year $125,000 commitment to Pro Bono Ontario (PBO), kicking off the charity’s #InvestInJustice campaign. ... [read more]
Monday, October 28, 2019 @ 8:32 AM
Nova Scotia decision on dependants’ relief redefines testator’s ‘liberty’
The Nova Scotia Supreme Court has ruled that portions of the province’s dependants’ relief legislation, which allow adult independent children to apply for variation of a will because it provides inadequate maintenance and support, are unconstitutional. ... [read more]
