Civil Litigation
-
July 26, 2024
SCC’s 9-0 judgment on interpreting historic treaties a big win for First Nations, their counsel say
Live up to the honour of the Crown and its “sacred” treaty promises — or the courts will step in.
-
July 26, 2024
Court of Appeal orders retrial in car accident case against Insurance Corporation of B.C.
The B.C. Court of Appeal has allowed an appeal of a decision dismissing a damages claim for a motor vehicle accident, finding that the judge did not consider relevant evidence that may have changed the analysis.
-
July 26, 2024
Federal Court of Appeal deals another blow to cities’ efforts to derail huge CN container facility
The Federal Court of Appeal has dismissed an appeal challenging the approval of the location for railway lines related to a contentious Canadian National Railway Company (CN) logistics hub proposed to be set up in Milton, Ont.
-
July 26, 2024
Supreme Court refuses leave to appeal $1.7M CBC defamation decision
The Supreme Court of Canada has effectively affirmed a Manitoba Court of Appeal decision last year that rejected a $1.7 million defamation award against the Canadian Broadcasting Corp. (CBC).
-
July 26, 2024
TREATIES AND AGREEMENTS — Interpretation - Breach — Treaty moneys and annuities
Appeals by Appellants and Cross-appeals by the Anishinaabe of Lake Huron and Lake Superior (Respondents) from a judgment of the Ontario Court of Appeal which granted in part the appeals from a Stage One proceedings and dismissed the appeals from a Stage Two proceedings.
-
July 26, 2024
Judicial appointment announced for Newfoundland and Labrador
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Trina D. Simms as a judge of the Supreme Court of Newfoundland and Labrador in St. John’s, according to a July 24 news release.
-
July 26, 2024
Judicial appointment announced for Saskatchewan
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Keith D. Kilback as a judge of appeal for the Saskatchewan Court of Appeal, according to a July 24 news release.
-
July 26, 2024
Who’s liable when AI chatbot tells customer to phone a scammer?
Use of AI chatbots as an alternative to traditional customer support has dramatically increased over the last few years. Their appeal is understandable in that these artificial intelligence programs are able to provide rapid and coherent answers to client questions thereby cost-effectively reducing a company’s need for human customer support staff. However, and despite their widespread adoption, owner liability for false or misleading statements made by a chatbot remains uncharted territory.
-
July 26, 2024
Recent copyright developments: Too early to draw adverse inference
Voltage Holdings, LLC has been trying to assert claims against a mass group of Internet subscribers who used or authorized the use of the BitTorrent peer-to-peer network to unlawfully make the plaintiff’s film available for distribution. The plaintiff unsuccessfully sought default judgment in its action in the Federal Court.
-
July 25, 2024
Burying termination provision in a confidentiality clause voids executive employment contract
Executive employment contracts, particularly for C-suite executives of organizations, can be lengthy and complex. A well-drafted, thorough contract may deal with a great number of different matters, including compensation, performance expectations, post-employment obligations, termination and others, which may not always interact.