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Monday, May 04, 2020 @ 2:05 PM

Owners of Quebec homes with defective concrete win long-standing legal battle Miguel Bourbonnais

More than 800 homeowners and 18 business owners of pyrrhotite-damaged buildings won a long-drawn out legal battle after the Quebec Court of Appeal upheld a lower court ruling that ordered a Canadian engineering giant, concrete owners, construction contractors and a geologist to pay more than $200 million, including interest. ... [read more]

Monday, May 04, 2020 @ 9:33 AM

Federal Court of Appeal overturns copyright ruling in York University’s favour Trent_Horne_sm

The Federal Court of Appeal has set aside a lower court decision and dismissed an action against York University in its battle over an interim tariff granted by the Copyright Board covering the copying of “protected works” at post-secondary schools. ... [read more]

Friday, May 01, 2020 @ 4:51 PM

Ottawa bans assault-style firearms, commits to stricter gun control and ‘red flag’ law Bill Blair

The Trudeau government has announced, in broad strokes with few details, its intention to introduce “red flag” gun control legislation — a U.S.-style law that typically empowers courts to remove legally possessed firearms from potentially dangerous people. ... [read more]

Friday, May 01, 2020 @ 12:59 PM

Court sets ‘high bar’ to discover claim and trigger limitation laws: lawyer Patrick_Hurley_sm

An East Coast court ruling “raises serious questions” as to the degree of knowledge a plaintiff needs of having a potential claim in order to trigger the start of a limitation period, says a lawyer of a civil case involving an accounting firm’s allegedly flawed audit of a construction company. ... [read more]

Friday, May 01, 2020 @ 10:30 AM

Case-by-case approach adopted by B.C. courts for family law in light of COVID-19, lawyer says Wesley Shields, FH&P Lawyers

As courthouses across Canada continue to grapple with the fallout from the COVID-19 pandemic, family law is the one area that has seen the biggest upheaval, with the possible exception of those facing criminal charges. And lawyers in British Columbia are saying the message from the courts is starting to come into focus — that the pandemic doesn’t mean an automatic suspension of parenting rights. ... [read more]

Thursday, April 30, 2020 @ 1:12 PM

SCC to launch virtual hearings in June; carbon tax challenges moved to special fall session Renée Thériault

The Supreme Court of Canada is launching virtual hearings in June to catch up on some of the 11 cases it postponed in March, April and May due to the COVID-19 pandemic, and it plans to go ahead with hearing provincial challenges to the federal carbon pricing regime at a special session in September. ... [read more]

Thursday, April 30, 2020 @ 9:30 AM

Red flags raised over government sharing personal data of COVID-19 cases with first responders Abby_Deshman_sm

Legal organizations have issued an open letter to Ontario’s Solicitor General, Sylvia Jones, addressing concerns they’ve raised over the government’s decision to “provide a range of first responders, including police services, with the names, addresses and dates of birth of individuals who have tested positive for COVID-19.” ... [read more]

Wednesday, April 29, 2020 @ 12:50 PM

Director of dissolved company found liable for outstanding debts

The Alberta Court of Appeal has ruled a dissolved company must still the pay the debt it owes to a company with which it once had a joint venture agreement. “In every case in which a corporation is accused of oppressive conduct, there is a person or persons responsible for directing that conduct,” wrote Justices Myra Bielby and Jolaine Antonio in the majority reasons. ... [read more]

Wednesday, April 29, 2020 @ 9:54 AM - Last Updated: Wednesday, April 29, 2020 @ 4:37 PM

CMAC awards $10,000 to officer for failed prosecution of his use of double-entendres during training

The Canadian Armed Forces (CAF) must pay $10,000 in partial party and party legal costs to a military member prosecuted in a “questionable” test case, related to “Operation Honour,” that the Court Martial Appeal Court (CMAC) said “failed miserably.” ... [read more]

Tuesday, April 28, 2020 @ 3:54 PM

CBA launches national task force to help with plans to reopen and improve justice system Vivene Salmon

Canadian Bar Association (CBA) president Vivene Salmon is chairing a new blue-ribbon national task force that will make recommendations for improving, and eventually gearing up, the justice system that has almost ground to a halt due to the COVID-19 pandemic. ... [read more]