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Friday, January 03, 2020 @ 10:48 AM

Lawyer rejoins Stewart McKelvey as partner

Stewart McKelvey announced that Gary Demeulenaere has returned to the firm as a partner in the firm’s office in Charlottetown. ... [read more]

Thursday, January 02, 2020 @ 11:54 AM

McInnes Cooper adds four new partners

McInnes Cooper announced that the following four lawyers have been admitted to the partnership, effective Jan. 1, 2020.  ... [read more]

Thursday, January 02, 2020 @ 11:41 AM

Time to update B.C.’s builders lien legislation, legal institute says

A B.C. law reform agency says it is time for the province to update its legislation surrounding liens in the construction industry, noting the current act needs updating to ensure it works the way it is intended to. A lien under B.C. legislation is a right conferred to contractors, subcontractors, material suppliers and workers to secure payment of a debt owing to them for services or materials in respect of an improvement of land. ... [read more]

Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Friday, December 20, 2019 @ 9:33 AM

Wood Bull adds Toronto associate

Wood Bull LLP announced that Aaria Rahim has joined the Toronto firm as an associate. ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Thursday, December 19, 2019 @ 9:53 AM

Liens on municipal lands: Exempt lands, projects Constructionsite_sm.jpg

The Alberta Builders’ Lien Act creates a charge on land as security for payment for services rendered or materials furnished to construction projects. Alberta municipalities are subject to the requirements of the Act, even though interests in land held by the provincial and federal governments are exempt. Although municipal projects do not benefit from a general exemption, there are certain exemptions that are highly relevant to municipalities. There are statutory and judge-made exemptions for public highways, bridges, municipal reserve lands and, in limited circumstances, other projects based on “public policy” reasons. ... [read more]

Wednesday, December 18, 2019 @ 6:26 AM

SALE OF LAND - Agreement of purchase and sale - Breach of - Specific performance

Appeal by the defendant from summary judgment granting the respondent purchaser specific performance of an agreement of purchase and sale. ... [read more]

Tuesday, December 17, 2019 @ 9:22 AM

Statutory interpretation and ‘ordinary meaning’ of words ordinary_words_sm

One of the ways in which Canadian courts interpret legislation is to analyze the “ordinary meaning” of words. Reference is made to the reader’s first impression of the language, i.e. the meaning that at once comes to mind. ... [read more]

Wednesday, December 11, 2019 @ 9:56 AM

Indigenous intercultural competency education ‘fundamental’ for lawyers in B.C.: law society VP Dean Lawton, Law Society of British Columbia (LSBC)

Hot on the heels of the B.C. government’s plans to bring its laws into harmony with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the provincial law society has made it a future requirement for all lawyers in the province to take a course on Indigenous intercultural competency aimed at enhancing their understanding of the history of Aboriginal-Crown relations, the history and legacy of residential schools and how specific legislation regarding Indigenous peoples created the issues that reconcilation seeks to address. ... [read more]