Civil Litigation
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May 02, 2024
Judicial appointment in Tax Court announced
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Sophie Matte an associate judge of the Tax Court of Canada, a news release from the Department of Justice announced.
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May 02, 2024
The need to prove publication in the law of defamation
In any civil proceeding, the burden rests with the plaintiff to prove their claim on a balance of probabilities. The objective of the defendant is to ensure that the plaintiff does not satisfy this burden. Where it is obvious that the required elements of a cause of action are absent from a claim or there is no evidence to prove a required element, a defendant can seek to obtain the dismissal of the plaintiff’s claim using a pre-trial disposition motion and thereby avoid the significant costs of an ultimate trial.
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May 01, 2024
B.C. Court of Appeal denies securities class action due to residency requirement
The B.C. Court of Appeal has upheld an order striking a securities class action brought by an Ontario-based mutual fund, finding that the fund did not meet the residency requirement for a plaintiff under the Class Proceedings Act (CPA).
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May 01, 2024
Saskatchewan Court of Appeal upholds SaskPower immunity finding in fire liability case
The Saskatchewan Court of Appeal has upheld a finding that Saskatchewan Power Corporation (SaskPower) was, under the Power Corporation Act (PCA) and terms and conditions of service, immune from liability for a fire that destroyed an industrial shop and a residence.
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May 01, 2024
Child abduction and ‘habitual residence’: Definitive guidance from the Ontario court — Part one
In family law, parental abduction cases are among the most complex. Not only do they invoke all the customary concerns — such as the best interests of the child, parenting time, and access rights — they do so against the background of numerous added issues. These include the parties’ residency, the courts’ extraterritorial jurisdiction, conflict-of-laws principles, and even the impact of the Hague Convention on the Civil Aspects of International Child Abduction.
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May 01, 2024
McGill law school still running despite prof strike
McGill University’s law school continues to operate despite an ongoing strike by its unionized professors, administrators say.
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May 01, 2024
REGULATED OCCUPATIONS — Administration — Boards and tribunals — Powers — Investigation
Appeal by Tan from result of disciplinary proceedings under Veterinary Profession Act. Following investigation of a client complaint, the Alberta Veterinary Medical Association (Association) referred nineteen allegations of unprofessional conduct for a hearing.
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April 30, 2024
Ottawa unveils first 2024 budget bill, but doesn’t include boost to capital gains inclusion rate
The minority Liberal government says it hopes to expedite into law a newly proposed 660-page omnibus budget bill, which would enact many measures announced in this month’s federal budget, but not the government’s controversial proposal to tax capital gains at a higher rate.
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April 30, 2024
Law professor ‘very likely’ to seek leave to appeal Ontario decision on parliamentary immunity
Ontario’s top court has turned back a constitutional challenge of a law establishing a parliamentary committee to look at national security issues, despite finding it “very likely” restricts the right to free speech and debate in Parliament.
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April 29, 2024
The honesty and integrity of an applicant for a licence | Sara Blake
How does one determine whether an applicant for a business licence will conduct the business with honesty and integrity?