Civil Litigation
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April 23, 2024
When your letter of credit is ‘on demand’
Other than cash, a standby letter of credit (LoC) is generally considered the most liquid form of performance security. Accordingly, one would assume that where a party who delivered an LoC has breached the applicable contract, drawing down on the LoC should be as simple as the other counterparty walking down to the bank and asking for the cash, right? It might not be so simple anymore. This issue was addressed in Pacific Atlantic Pipeline Construction v. Coastal Gaslink Pipeline Ltd., 2023 ABKB 736.
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April 23, 2024
Not a good day for the use of survey evidence in trademark cases
Promotion in Motion, Inc. (PIM), sought to register the trademarks SWISSKISS and SWISSKISS & Design depicted below for the goods “Chocolate of Swiss origin” (Promotion In Motion Inc. v. Hershey Chocolate & Confectionery, LLC 2024 FC 556).
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April 22, 2024
Ontario Court certifies class action against Ticketmaster over secondary sales by resellers
The Ontario Superior Court has certified a class action against Ticketmaster over allegations that the company deliberately facilitated or turned a blind eye to professional resellers who purchased more tickets than permitted in the primary market.
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April 22, 2024
SCC’s spring session features weighty constitutional & admin law appeals but case volume is light
Constitutional and administrative law cases dominate at the Supreme Court of Canada this spring, with the handful of appeals to be heard involving class actions, standard of review, the honour of the Crown and the right to vote.
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April 22, 2024
McGill law profs warn university of impending strike
Unionized law professors at Montreal’s McGill University are again accusing the school of bad faith in bargaining and sounding the alarm of a fast-approaching strike deadline.
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April 22, 2024
Three judicial appointments announced in Saskatchewan
Minister of Justice and Attorney General of Canada Arif Virani announced three new appointments to Saskatchewan's judicial courts, a news release from the Department of Justice announced.
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April 22, 2024
Ordinary costs awarded against self-represented appellant who alleged fraud without evidence
A motor vehicle collision occurred on August 6, 2018, injuring both motorists. The appellant was not satisfied with the outcome of the trial and appealed. She alleged that the respondent and an independent witness colluded to lie to the court and place the blame for the collision on her. Her appeal was dismissed, and she was ordered to pay ordinary costs to the respondent.
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April 22, 2024
Appellate court denies that signed online waiver applied to mountaineering accident
The British Columbia Court of Appeal has dismissed an appeal in a case where a man was injured in a mountaineering accident, finding that the signed online waiver in question could not be applied as mutual intention did not exist.
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April 22, 2024
Nova Scotia judicial appointment announced
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Shannon B. Mason as Judge of the Supreme Court of Nova Scotia.
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April 22, 2024
CIVIL PROCEDURE — Appeals — Standard of review — Clearly wrong or palpable and overriding error — Correctness
Appeal by Paramount Resources Ltd. (Paramount) from chambers judge’s summary dismissal of Paramount's claim and refusal to extend limitation period arguing that its claim was brought within time.