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Friday, November 18, 2022 @ 5:16 PM

[ Legal Wire ] - Court dismisses motion for extension to file defence, finds intention to pursue matter ‘weak at best’

The Federal Court has dismissed a motion for an extension of time to file a defence in a shipping case, finding that the defendant “failed to demonstrate that its arguments have some merit” and was unable to provide a reasonable explanation for the delay. ... [read more]

Friday, November 18, 2022 @ 5:09 PM

[ Legal Wire ] - Ontario court dismisses appeal concerning bank’s alleged role in massive Ponzi scheme

The Ontario Court of Appeal has dismissed plaintiffs' appeal concerning TD Bank's purported role in “the second largest Ponzi scheme in history,” finding that the respondent bank was not liable for a novel duty of care. ... [read more]

Friday, November 18, 2022 @ 5:02 PM

[ Legal Wire ] - Court finds ‘no evidence’ of conspiracy, breach of fiduciary duties in fight over wind farm purchase

The Ontario Court of Appeal has confirmed the dismissal of a summary judgment, in which two energy companies made numerous allegations against a pipeline company and renewable power producer for conspiracy to manipulate the prices of wind farms. ... [read more]

Friday, November 18, 2022 @ 5:01 PM

[ Legal Wire ] - Court rules unjust enrichment claim presents ‘no reasonable prospect of success’ in class action

The Alberta Court of Appeal has allowed an appeal in part, brought by natural resources companies, of the certification of a class action by a group of employees, in denying the claim for unjust enrichment as a common issue. ... [read more]

Friday, November 18, 2022 @ 11:42 AM

Ontario court orders new trial needed after in-chambers discussions with lawyers involved in case

A man charged with one count of incest, two counts each of sexual assault and sexual exploitation involving his two daughters, under the age of 10 — and convicted of the sexual assault and sexual exploitation charges in 2013 — will have a new trial because of in-chambers discussions the trial judge had with the lawyers involved in the case, the Ontario Court of Appeal ruled in R. v. S.M. 2022 ONCA 765, released on Nov. 9. ... [read more]

Thursday, November 17, 2022 @ 5:41 PM

[ Legal Wire ] - Ontario court allows appeals from Divisional Court decisions on related employer declarations

The Ontario Court of Appeal has allowed two appeals regarding related employer declarations, finding that they “ran afoul” of the reasonableness test set out in Vavilov. ... [read more]

Thursday, November 17, 2022 @ 5:24 PM

[ Legal Wire ] - Supply-managed sectors to receive $1.7 billion in light of impacts of the Canada-United States-Mexico Agreement

Supply-managed sectors ― including dairy, poultry and egg processors and producers ― are expected to share more than $1.7 billion in direct payments and investment programs in consideration of the impacts of the Canada-United States-Mexico Agreement (CUSMA), the federal government announced on Nov. 17. ... [read more]

Thursday, November 17, 2022 @ 5:11 PM

[ Legal Wire ] - Court allows scope of services in retainer to cover third-party expense, holds lawyer to fee cap

The Ontario Court of Appeal has partially allowed an appeal in a dispute over a “retainer agreement between a lawyer and their client because it is not fair and reasonable to the lawyer.” ... [read more]

Thursday, November 17, 2022 @ 4:45 PM

SCC rules fair market value of stock options gifted to charity is added to donor’s employment income

The Supreme Court of Canada has dismissed a Quebec taxpayer’s appeal, ruling 7-0 that the stock options he gifted to charities in 2010 and 2011 were undeclared “employment income” under Quebec’s Taxation Act, whose value must be assessed at the approximate $3-million fair market value the stock options had at the time of his donations. ... [read more]

Thursday, November 17, 2022 @ 3:49 PM

Ottawa tables reforms to ports, rail and marine transport laws, proposes offences, new, bigger AMPs Omar Alghabra

In its proposed overhaul of federal legislation related to ports, railways and transportation of dangerous goods, Ottawa has proposed multiple changes, including amendments that would variously boost the powers (including search powers) of the federal transport minister and boost existing administrative monetary penalties (AMPs), while also creating offences, as well as a new AMP regime to enforce safe transportation of dangerous goods across Canada. ... [read more]