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Monday, June 15, 2020 @ 8:51 AM

The family cottage: Preserve it or sell it house_questionmark_sm

As cottage season looms for so many Ontarians, many retired or aging cottage owners are becoming weary of the work and expense that goes into cottage ownership and are considering how to unburden themselves of these responsibilities. ... [read more]

Friday, June 12, 2020 @ 12:24 PM

Construction materials supplier appeals disclosure of customer information Bank account passbook

The case of Roofmart Ontario Inc. v. Canada (National Revenue) 2020 FCA 85 deals with unnamed persons requirements under s. 231.2(2) and (3) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) and its equivalent subsection 289(3) of the Excise Tax Act, R.S.C. 1985, c. E-15. ... [read more]

Friday, June 12, 2020 @ 11:16 AM

Closing real estate deals during COVID-19 cartoonman

All lawyers are dealing with the consequences of the pandemic, whether it is operating remotely, reduced business and maintaining a safe environment for our staff. It is no different for real estate lawyers. Once real estate was designated as an essential service, it was up to real estate lawyers to figure out how to work together to get deals done, safely and securely. ... [read more]

Friday, June 12, 2020 @ 5:40 AM

PLANNING AND DEVELOPMENT - Development permits

Appeal by the land owners from a decision of the Development Appeal Board dismissing their appeal from a development permit for a cannabis production facility and outdoor hemp cultivation. ... [read more]

Wednesday, June 10, 2020 @ 2:53 PM

Alberta follows Ontario sanctioning ‘upstream’ litigation by videoconference online_trial_sm

In the recent Alberta Court of Queen’s Bench decision of Sandhu v. Siri Guru Nanak Sikh Gurdwara of Alberta 2020 ABQB 359, Justice Michael Lema found authority in the Alberta Rules of Court and applied recent Ontario authority, among others, to authorize cross-examination on affidavits by videoconference, or “remotely,” given the exigencies of the pandemic. ... [read more]

Wednesday, June 10, 2020 @ 10:49 AM

Municipality could owe landowners duty of care for road problems Pothole

The Ontario Court of Appeal has opened the door for adjacent landowners to seek damages from a municipality for failing to keep roads in good repair. In Beniuk v. Leamington (Municipality) [2020] O.J. No. 1294, the appellants have claimed that there is a duty of care on the part of a municipality to keep roads in good repair owed not only to users of the road, but to adjacent landowners as well. If successful, this expanded duty of care could increase municipal liability to adjacent landowners where there is an ongoing nuisance or property damage. ... [read more]

Friday, June 05, 2020 @ 12:21 PM

Beset by ‘blizzard of words,’ Ontario Court of Appeal chides verbose trial judges

In what it calls an “unfortunately growing trend,” the Ontario Court of Appeal has chided trial judges for delivering overly long reasons for decisions that amount to “factual data dumps.” Concluding an otherwise unremarkable decision May 27 in Welton v. United Lands Corporation Limited 2020 ONCA 322, Justice Peter Lauwers pointed to electronic note-taking by judges as a possible suspect behind “this emerging style” — but “it is not helpful and can be confusing,” he lamented. ... [read more]

Friday, June 05, 2020 @ 11:56 AM

B.C. Human Rights Tribunal’s animal-friendly decision spotlights supportive dog Dogpawandhand.jpg

To most, it’s an unassailable fact that animals are supportive, helpful and wonderful in their own right. Animals are also tremendously beneficial and sometimes critical, to vulnerable humans and those living with disabilities and health concerns. As well as being family members, animals are essentially live-in furry caregivers in some situations. ... [read more]

Friday, June 05, 2020 @ 9:49 AM

SCC poised for first virtual appeal hearing; Zoom ‘observers’ to see novel contract, criminal cases Emily Kirkpatrick

The Supreme Court of Canada is opening its virtual courtroom doors next week by pioneering Zoom hearings in several civil and criminal appeals that raise novel issues of undue trial delay, pre-incorporation contracts in strata developments and entrapment in “dial-a-dope” operations. Up until 1 p.m. (EDT) June 5, the public and media can ask the top court to register them for an unspecified number of “first-come, first-served” Zoom “observer” spots in each of four cases (including one oral leave application), to be argued from June 9 to June 12. ... [read more]

Thursday, June 04, 2020 @ 8:49 AM

Access to justice and pixie dust: Civil resolution tribunals | Bo Kruk

COVID-19 has changed the manner in which we transact justice. The courts in Ontario have embraced new technology to allow more cases to proceed at an unprecedented rate. While we have searched for technological answers to our new world order, we need not look too far. British Columbia’s Civil Resolution Tribunal (CRT) provides an effective online model that can — and should — be easily transplanted to any other jurisdiction. The CRT offers answers to our technological challenges. ... [read more]