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Wednesday, January 22, 2020 @ 6:17 AM

SALE OF LAND - Agreement of purchase and sale - Breach of - Express term

Application by the defendant vendor for summary judgment for the forfeiture of the deposit paid by the purchaser. ... [read more]

Tuesday, January 21, 2020 @ 10:19 AM - Last Updated: Tuesday, January 21, 2020 @ 11:18 AM

SCC’s Wagner, Moldaver and Martin key to majorities in 2019 as top court divides in most judgments TLD Exclusive

Justices Michael Moldaver and Sheilah Martin and Chief Justice Richard Wagner were at the core of most Supreme Court of Canada majorities in 2019, an analysis of the nine judges’ voting patterns by The Lawyer’s Daily reveals. ... [read more]

Monday, January 20, 2020 @ 9:41 AM - Last Updated: Tuesday, January 21, 2020 @ 11:15 AM

Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec TLD Exclusive

The Supreme Court of Canada divided on the outcomes of appeals in 60 per cent of the cases it decided in 2019, and spoke with one voice in just one-third of its appeal judgments — a record low unanimity rate in at least 30 years, an analysis by The Lawyer’s Daily discloses. ... [read more]

Friday, January 17, 2020 @ 8:47 AM

GUARANTEES AND INDEMNITIES - Liability of guarantor - Indemnity - Performance bonds

Appeal by the defendant from trial judgment finding its obligation under a performance bond was not extinguished. ... [read more]

Thursday, January 16, 2020 @ 11:01 AM

Lawful duress, abuse of dominant position in obtaining waiver Paperplanes

The recent Quebec Court of Appeal decision Hydro-Québec v. Construction Polaris Inc. 2019 QCCA 990 dealing with unlawful duress and the ensuing annulment of a waiver can be compared with the common law approach. While it is important for the court to determine whether the party relying on the waiver or transaction was in good faith or not as to the legality of its actions, bad faith remains an elusive evidentiary concept in a commercial context. ... [read more]

Thursday, January 16, 2020 @ 9:46 AM

Goldman Sloan Nash & Haber adds counsel

Goldman Sloan Nash & Haber LLP (GSNH) announced that Clifford Blundell has joined the firm's construction law group as counsel. ... [read more]

Wednesday, January 15, 2020 @ 10:45 AM

Why evolution of legal model desperately needed | Shama Rafiq

When it comes to access to justice, we often forget that the old law firm structures are a major deterrence to ensuring that anyone and everyone has a fair chance to having their day in court. ... [read more]

Tuesday, January 14, 2020 @ 2:12 PM

Tree law in Canada: Loss of views Trees around log home

Claims involving a loss of view typically arise when an existing view is lost or modified by a new intrusion of some form. Outside Quebec, “… the law seems settled that there is no action in nuisance for loss of view.” Becze v. Edmonton (City) [1993] A.J. No. 679 at [36].  ... [read more]

Tuesday, January 14, 2020 @ 11:18 AM

Quebec court may annul transaction, release if ‘unfairly’ obtained Romainedam_sm.jpg

Polaris obtained from Hydro-Quebec (HQ) a contract to build a road leading to the La Romaine hydroelectric facility. Quickly, cost overruns occurred and, gradually, Polaris claimed an amount of $24.7 million from HQ. HQ demanded an audit, fully supported by forensic documentation in support of the additional costs. ... [read more]

Monday, January 13, 2020 @ 2:52 PM

The impact of self representation: Long-term views | Gary Joseph

Much of the debate surrounding the tidal wave of self representation has focused on the difficulties posed by untrained individuals before the courts. Cases, previously advanced on the basis of fact and law, now often become overly emotional battlefields for the vetting of marital discord. Separated spouses can be subjected to aggressive and unnecessary cross-examination by a self-represented individual and judges, vexed between neutral adjudication, maintaining the dignity of proceedings and fair treatment to all, are being drawn into the process in a manner not consistent with their historical common law role. ... [read more]