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Friday, January 27, 2023 @ 3:51 PM

[ Legal Wire ] - B.C. appellate court rules on certificates of pending litigation, examines test for hardship

The British Columbia Court of Appeal has allowed an appeal of an order cancelling certificates of pending litigation (CPLs), finding no real hardship to the respondents. The decision may create “ambiguity” in how hardship is dealt with in courts. ... [read more]

Friday, January 27, 2023 @ 3:06 PM

Mediation necessary to solve dispute between Quebec chief judge, justice minister, experts say Jean-Claude Hebert

In an unprecedented move in recent history, a former Quebec Appeal Court justice was appointed as a mediator to resolve a dispute between the provincial minister of justice and the Court of Quebec chief justice over new judicial appointments and new work schedules for provincial court judges, a development viewed as regretful but necessary by legal observers. ... [read more]

Friday, January 27, 2023 @ 2:08 PM

Alberta Court of Appeal upholds judge’s decision to dismiss challenge of Calgary election results

Alberta’s top court has swatted back a challenge of Calgary’s most recent municipal election. ... [read more]

Friday, January 27, 2023 @ 10:24 AM

Primary sentencing objectives for attempted murder ‘denunciation and deterrence’: court

Trial judges need to remember that the “primary sentencing objectives” for attempted murder are “denunciation and deterrence,” said the Ontario Court of Appeal in a recent ruling that more than doubled the period of incarceration imposed on a man for attempting to murder the mother of his unborn child. ... [read more]

Thursday, January 26, 2023 @ 3:53 PM

Company entitled to bring misfeasance claim directly against public authority: B.C. Appeal Court

B.C.’s top court has ruled that it is not necessary for individual officials to be named as defendants when bringing a claim of misfeasance in public office. ... [read more]

Thursday, January 26, 2023 @ 2:58 PM

[ Legal Wire ] - Office of Privacy Commissioner finds Home Depot shared customer data with Meta without consent

Home Depot shared customers’ information with Meta without their consent, in contravention of the Personal Information Protection and Electronic Documents Act (PIPEDA), the Office of the Privacy Commissioner of Canada (OPC) said in a report released on Jan. 26. ... [read more]

Thursday, January 26, 2023 @ 1:50 PM

‘Egregious’ non-compliance of court direction leads to dismissal of appeal as abandoned

An appeal of a sexual assault conviction has been dismissed as abandoned even though the Court of Appeal for Ontario noted this “rarely” occurs “over the appellant’s objection.” However, the court found that the “non-compliance” of court direction in this case “has been egregious” and it had “no confidence that this appeal will be advanced.” ... [read more]

Thursday, January 26, 2023 @ 10:30 AM - Last Updated: Thursday, January 26, 2023 @ 4:35 PM

Ottawa must facilitate Canadians’ Charter s. 6 right to return to Canada from Syria: Federal Court

Citing the state’s obligation to facilitate its citizens’ Charter s. 6(1) right “to enter” Canada, a Federal Court judge has declared Ottawa must assist the return to Canada of four Canadians imprisoned without charge in northeastern Syria for their suspected involvement with Daesh/ISIS, which is listed as a terrorist organization under the Criminal Code. ... [read more]

Wednesday, January 25, 2023 @ 4:24 PM

[ Legal Wire ] - Federal Court quashes decision expunging company’s trademark related to paper manufacturing

The Federal Court has set aside a decision by the Registrar of Trademarks that expunged a company’s trademark, finding through new evidence that the trademark was used in the relevant time period. ... [read more]

Wednesday, January 25, 2023 @ 3:18 PM

N.B. court finds Madawaska First Nation must be paid money made from video gaming Nick Kennedy, Olthuis Kleer Townshend LLP.

The use of “may” in legislation was front and centre in New Brunswick’s top court deciding that the province’s gaming body must pay a First Nations community almost all net profits from video gambling machines at a local casino.   ... [read more]