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Friday, September 16, 2022 @ 11:36 AM

Quebec’s chief justices call for modernization of court system Manon Savard

The chief justices of four courts, addressing hundreds of judges and lawyers in person at the Montreal courthouse for the first time since the onset of the pandemic, broadly outlined their priorities and concerns at Quebec’s opening of the courts ceremony, from the promise and pitfalls of technology to modernize the justice system to the debilitating impact of chronic underfinancing, to the erosion of decorum in the courtroom and the pernicious effects of disparaging social media comments. ... [read more]

Friday, September 16, 2022 @ 10:33 AM

Deemed enforceability of unenforceable letters of intent Hand signing a contract

In commercial transactions, letters of intent make useful tools in getting a deal started. Parties often draft their own, the impression being that the instrument is non-binding and that lawyers will clean up any ambiguities in the final agreement. However, recent jurisprudence shows courts are not holding back from enforcing the terms held within a letter of intent. ... [read more]

Thursday, September 15, 2022 @ 2:15 PM

Ukraine, Russia and the International Court of Justice, part five World Court

The International Court of Justice must take into consideration the proper construction of, at minimum, Article I, VIII and IX of the Genocide Convention when considering its jurisdiction in the matter of Ukraine v. Russia Court No. 156413. ... [read more]

Wednesday, September 14, 2022 @ 9:34 AM

Ukraine, Russia and the International Court of Justice, part four World Court

The pearl for Ukraine is in Article XI of the Genocide Convention as with the former Yugoslavia and Holocaust cases. Ukraine sought to find the International Court of Justice’s Jurisdiction Ratione Materiae on the compromissory clause contained in Article IX of the Genocide Convention. A compromissory clause states the parties agree to subject a dispute to a third party for settlement. Ukraine and Russia are bound to Article XI of the Convention. ... [read more]

Tuesday, September 13, 2022 @ 2:59 PM - Last Updated: Tuesday, September 13, 2022 @ 6:25 PM

Sept. 19 will be federal holiday for Queen’s funeral; provinces asked to make it a day off nationally Justin Trudeau

Prime Minister Justin Trudeau has announced that Sept. 19 will be declared a federal holiday to mark the state funeral in London of Queen Elizabeth II. “We will be working with the provinces and the territories to try and see that we're aligned on this — there are still a few details to be worked out, but declaring an opportunity for Canadians to mourn on Monday is going to be important,” Trudeau told reporters Sept. 13 during the federal Liberal caucus treat in St. Andrews, N.B. ... [read more]

Tuesday, September 13, 2022 @ 12:23 PM

[ Legal Wire ] - Alberta court orders production of native format documents with underlying metadata

An Alberta Court of Queen’s Bench judge has ordered a company to produce design and financial records that have not been redacted for privilege, which the applicant — a competitor also in the oil and gas industry — claims the company has so far produced only minimally despite a prior court order. ... [read more]

Tuesday, September 13, 2022 @ 6:02 AM

PUBLIC UTILITIES - Regulatory tribunals - Appeals - Electricity

Applications by Kalina Distributed Power Limited and three other entities (collectively, KLSC) and by WCSB Power Alberta Limited Partnership (WCSB) for permission to appeal decisions of the Alberta Utilities Commission (AUC). KLSC was seeking permission to appeal two decisions (Decision 26090 and Decision 26660) while WCSB was seeking permission to appeal Decision 26090. ... [read more]

Monday, September 12, 2022 @ 2:20 PM - Last Updated: Tuesday, September 13, 2022 @ 9:06 AM

[ Legal Wire ] - Hearing to clarify amendment on marina licence not further judicial review: B.C. Court of Appeal

B.C.’s top court has ruled that a judge was not required to be deferential to the province’s proposed amendment to a licence granting a strata corporation the right to build a marina, ruling the lower court was not giving the government free rein to insert any term it thought reasonable. ... [read more]

Friday, September 09, 2022 @ 3:07 PM

Uneasy lies the head that wears the Crown | Heather MacIvor

The death of Queen Elizabeth II is a sad milestone for everyone (myself included) who admired her strength and relished her occasional displays of mischievous wit. For 70 years, she reigned over an increasingly divided country (and an ever more fractious Commonwealth) without embroiling herself in political controversy — an astonishing feat of discretion and self-discipline. The Queen accepted the constraints of her constitutional role as the embodiment of the Crown. It is not entirely clear that King Charles III will prove equally restrained. ... [read more]

Friday, September 09, 2022 @ 3:05 PM

[ Legal Wire ] - Court to approve $925K settlement in Victoria Gold class action

A settlement of close to a million dollars has been reached in a securities class action against Victoria Gold Corp., pending a court’s approval.    ... [read more]