Civil Litigation
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May 07, 2024
Ontario’s court rules arbitrator not free to ignore contract law, judge’s instructions
As a general principle, “domestic” arbitrations in Ontario — being those governed by the province’s Arbitration Act, 1991 — “must be decided in accordance with the law. Arbitrators are accorded broad deference for matters within their jurisdiction and in defining the scope of their jurisdiction. But they are not free to ignore the law or to decide cases in accordance with their whims.”
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May 06, 2024
Ottawa’s proposed $72M for immigration legal aid in 2024 helps but more funds needed, CBA says
Immigration lawyers say federal Budget 2024’s boost for immigration legal aid is very welcome, but higher funding is necessary if the burgeoning number of refugee claimants are to access justice in Canada. As unveiled on April 16, 2024, by Chrystia Freeland, the Deputy Prime Minister and Minister of Finance, Budget 2024 proposes $72 million for immigration legal aid in 2024-25, up from $43.5 million per year in Budgets 2023 and 2022.
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May 06, 2024
Manitoba creates endowment fund for families of missing, murdered Indigenous women
Manitoba’s government is creating a $15 million endowment fund for a grant program offering help to the families of missing and murdered Indigenous women, girls and two-spirit people (MMIWG2S+).
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May 06, 2024
B.C. court stays action against Freedom Mobile over $63,000 loss in SIM swap fraud
The B.C. Supreme Court has stayed in favour of arbitration an action against Freedom Mobile concerning allegations that the company was negligent in permitting a SIM swap fraud that led to a customer losing Bitcoin worth approximately $63,100.
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May 06, 2024
3 associates join Alexander Holburn
A news release from law firm Alexander Holburn announced the addition of three new associates: Brandon Cook, Grace Tran and Jeremy Brodeur.
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May 06, 2024
CIVIL PROCEDURE — Discovery — Attendance — Objections and compelling production
Appeal by appellants from decision of chambers judge granting application of respondents to compel production of records from appellant Office of Child and Youth Advocate (OCYA) and compel appellant Pelton, current Child and Youth Advocate, to attend for questioning.
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May 03, 2024
Court: Payment pact with owner doesn’t override subcontractor lien discharge provisions
The B.C. Court of Appeal has held that a direct payment-forbearance agreement between a landowner and a subcontractor did not preclude the owner from relying on a provision of the Builder’s Liens Act to discharge a lien held by the subcontractor.
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May 03, 2024
Despite Tomec, insurers and tribunal continue to apply SABS limitation period in a rigid way
In November 2019, the Ontario Court of Appeal released its decision in Tomec v. Economical Mutual Insurance Company, 2019 ONCA 882, in which it found that the two-year limitation period set out in the Statutory Accident Benefits Schedule (SABS) was subject to the rule of discoverability. The Court of Appeal stated that applying a hard limitation period was contrary to the consumer protection purposes of the SABS and discouraged a narrow interpretation of the time limitation by insurers. Such an approach was not only inconsistent with the policy rationales that underlie limitation periods but could also lead to absurd results.
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May 03, 2024
Mining company agrees to pay U.S. $3M to settle class action
A Vancouver-based silver mining firm has agreed to pay U.S. $3 million to settle a class action centred on allegations it erroneously overstated the mineral reserves at its flagship mine in Mexico in 2022.
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May 03, 2024
Intentional disclosure of reports on pipeline failure led to loss of litigation privilege: court
Alberta’s highest court has ruled a petroleum company waived litigation privilege over reports looking into a pipeline failure when it provided them to a provincial regulator, and a lawyer involved in the case is saying the decision is a good reminder that documents created for the purpose of litigation must be treated as such.