Areas of
Practice

Digests

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Monday, September 12, 2022 @ 10:04 AM

BARRISTERS AND SOLICITORS - Compensation - Contingency agreements - Fair and reasonable

Appeal by lawyers from a chambers judge’s decision that a contingency fee agreement was unreasonable. The client was one of 21 First Nations who made an agricultural benefits claim based on Treaty 8. The client was one of the smaller claimants and the strategy was that it would “piggyback” on the other claims. Canada made a $57.6-million settlement offer to the client, which it accepted. ... [read more]

Monday, September 12, 2022 @ 10:01 AM

DIVISION OF POWERS - Provincial jurisdiction - Determination of jurisdiction

Determination of whether the Impact Assessment Act was unconstitutional. The Act provided for a comprehensive impact assessment process to assess the “effects” of certain physical activities carried out in Canada, including any activity designated as a “designated project” by the federal executive. The issue was the constitutional validity of the Act when applied to intra-provincial designated projects. ... [read more]

Friday, September 09, 2022 @ 2:28 PM

INTERPRETATION - Surrounding circumstances - Commercial reasonableness

Appeal by the defendant Detour Gold from summary judgment concluding that the respondent Prism’s royalty interest was an interest in land. The appellant was the registered owner of certain mining claims and leases. It acquired its interest from Conquest Resources. By a 2004 letter agreement, Prism transferred its participating interest to Conquest in exchange for a carried interest in the project’s net profits. ... [read more]

Friday, September 09, 2022 @ 2:27 PM

CONSTITUTIONAL ISSUES - Legal rights - Protection against arbitrary detention or imprisonment - Exclusion of evidence

Appeal by Santos from his conviction for possessing cocaine for the purpose of trafficking. A police officer stopped Santos to check his licence and registration, made observations that led him to believe that he had grounds to arrest him and found a 1.065-kilogram brick of cocaine in a garbage bag in the car during a search incidental to the arrest. ... [read more]

Thursday, September 08, 2022 @ 6:27 AM

PROVINCIAL AND TERRITORIAL TAXATION - Ontario - Harmonized sales tax - Retail sales tax

Appeal by Enterprise Rent-A-Car from the dismissal of its motion for summary judgment in its appeal from Ontario retail sales tax assessments by the Minister of Finance. Enterprise, a car and truck rental company, offered insurance coverage on the motor vehicles rented by its customers. As a result of the tax harmonization in 2010, Enterprise’s internal tax team determined that harmonized sales tax (HST) and not retail sales tax (RST) was payable on the insurance products in issue. ... [read more]

Thursday, September 08, 2022 @ 6:26 AM

WILDLIFE - Endangered species - Offences and penalties

Appeal by the Town of the South Bruce Peninsula from a summary conviction appeal judge’s decision dismissing its appeal from its conviction for damaging the habitat of the piping plover. The Town used heavy equipment to mechanically rake the entire width and length of a beach, which spanned some 11 kilometres. Vegetation, wrack and driftwood were removed, the surface of the beach was leveled and its microtopographical features, like mounds of sand, were flattened. ... [read more]

Wednesday, September 07, 2022 @ 5:45 AM

REGULATION OF PROFESSION - Disciplinary procedure - What constitutes misconduct

Appeal by Guo from a finding by the Law Society that she committed professional misconduct in her handling of trust funds. While subject to an order prohibiting her from being a signatory to any trust account and operating a trust account in her name or in the name of her law firm, Guo received money from clients before commencing work or issuing bills under fixed fee agreements and deposited that money into her general account. ... [read more]

Wednesday, September 07, 2022 @ 5:45 AM

TRUSTS - Constructive trusts - Circumstances when may be recognized - Unconscionable conduct

Appeal by the defendant Singh from a trial judgment finding he was unjustly enriched and granting the respondent Virk a constructive trust over Singh’s property amounting to 70 per cent of the increase in the value of the property. Cross-appeal by Virk from the judge’s failure to find an express trust and, in the alternative, in setting the quantification of the constructive trust remedy too low. ... [read more]

Tuesday, September 06, 2022 @ 9:22 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Certification

Appeal by the plaintiff from a certification judge’s decision dismissing her application to certify a class action. The plaintiff alleged that the respondent breached employment contracts with female flight attendants by failing to create, implement and enforce anti-harassment commitments. The primary remedy sought was disgorgement. ... [read more]

Tuesday, September 06, 2022 @ 9:18 AM

LABOUR RELATIONS BOARDS - Appeals and judicial review

Appeal by the union from a Court of Queen’s Bench decision dismissing its application for judicial review of an Alberta Labour Relations Board decision summarily dismissing its unfair labour practice complaint. ... [read more]