The Complete Brief
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June 25, 2025
Federal Court: Novel passing off claim over damaged grey market Toyota parts to proceed to trial
The Federal Court has upheld a ruling that the sale of damaged grey market Toyota parts bearing a trademark could support a trademark misrepresentation or depreciation claim.
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June 25, 2025
Court of Appeal finds judge misinterpreted civil rules, overturns dismissal of wind turbine lawsuit
A motion judge was unreasonable when she dismissed a self-represented couple’s legal action against a wind turbine operator for “inordinate and inexcusable delay,” the Ontario Court of Appeal has found.
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June 25, 2025
Court dismisses real estate company’s motion to stay receivership order
The Ontario Court of Appeal has dismissed a motion to stay a receivership order stemming from the Ontario Securities Commission’s investigation into companies in the real estate business.
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June 25, 2025
Stewart McKelvey welcomes two new lawyers to Charlottetown office
Stewart McKelvey has welcomed Emma Halliday and Emma Jean Griffin as associates in its Charlottetown office.
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June 25, 2025
B.C. Court of Appeal upholds trial judge’s findings on liability, causation and damages
The case of Dynamic Air Solutions Ltd. v. Yu, 2025 BCCA 91 arose from a motorcycle accident in which the plaintiff, Yi Hao Yu, collided with the open door of a truck parked in the curb lane. The trial judge found both Yu and the truck driver, Chan Wai Chan, equally at fault and awarded Yu $413,000 in damages, split fifty-fifty. Both parties appealed the apportionment of liability.
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June 25, 2025
Substantial estate law compliance in Ontario: The sequel
I once wrote about Ontario’s topical “validating” provision — s. 21.1 of the Succession Law Reform Act (SLRA) — and whether it might risk “emboldening those seeking self-help remedies.” That was in November 2023. More than a year later, the case law has continued to evolve on this provision, and I feel there is wisdom in revisiting it.
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June 25, 2025
Melinda Park new regional managing partner at BLG’s Calgary office
Borden Ladner Gervais LLP (BLG) has announced that Melinda Park has been appointed as Calgary regional managing partner, effective July 1, 2025.
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June 25, 2025
CIVIL PROCEDURE - Disposition without trial - Dismissal of action - Action unfounded in law
Appeal by Stockford against a decision dismissing his action, and motion by respondent Enbridge Inc. to dismiss appellant’s appeal.
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June 24, 2025
Ontario court rejects hospital liability in abuse case
Ontario’s top court has turned back a lawsuit from a man claiming a hospital was liable for historic sexual abuse he suffered at the hands of a doctor who ran an alternative education program on its grounds.
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June 25, 2025
Does Canada still have a Governor General? The unexpected departure from constitutional norms
It was with a degree of considerable surprise that one observed the recent public statements in a television/streaming interview from Canada’s Governor General (GG). What has unfolded is not merely a new interpretation of the GG’s role, but rather an unprecedented venture beyond the established constitutional limits on the GG’s power that have long defined the office of the Crown’s representative in Canada.