Civil Litigation
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May 08, 2024
Appeal court affirms trial court’s procedural discretion under streamlined trial criteria
The B.C. Court of Appeal has upheld the dismissal of an application to convert a shareholder oppression petition into to an action, finding that while the decision was based on a framework that has since been superseded, the trial court would have broad discretion on appropriate procedures under the updated framework.
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May 08, 2024
Law Society of Ontario sidesteps 100 years of common law rights | Joseph Chiummiento
On April 25, 2024, the directors of the largest legal regulator in North America surrendered over 100 years of well-earned common law rights to information. It is hard to see in this scenario how curtailing a director’s right to information serves the public interest.
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May 08, 2024
Respect for a system that is vital to democracy | Gary Joseph
I had the pleasure of attending the Spring Family Law Dinner organized by the York Region Law Association on May 6. Many distinguished speakers presented throughout the evening, but I was particularly struck by the passionate words of Justice Richard Bennett (Ontario Superior Court of Justice). Justice Bennett bemoaned what he sees (from the bench) as a growing lack of respect in his courtroom and otherwise in the profession. His words struck a deep chord within me, leading to this article.
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May 07, 2024
Federal Court fishery decision a significant victory for Inuit land claims sovereignty
In a significant victory for Inuit, the Federal Court has quashed a government decision to reissue fishing licences to one of Canada’s largest seafood processors in waters off Nunavut that are covered by the Nunavut Land Claims Agreement.
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May 07, 2024
Sweeping national security bill would boost state investigative powers; expand & create crimes, AMPs
The federal government has introduced a sweeping national security bill that would create a publicly accessible “foreign influence transparency” registry; expand the warrant, production and disclosure powers of the Canadian Security Intelligence Agency (CSIS); affect criminal accused or judicial review applicants seeking access to relevant “information related to international relations, national defence or national security”; expand the current “sabotage” offence; and create new “foreign interference” offences, along with administrative monetary penalties (AMPs) of up to $5 million and five years in prison, including for knowingly obstructing the operations of the office of a proposed new “Foreign Influence Transparency Commissioner.”
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May 07, 2024
Ontario Court of Appeal: Non-earner benefits deductible from loss of income tort awards
Any non-earner benefits provided to a person impaired in an accident must be deducted from a tort award for a loss of income under the Insurance Act, the Ontario Court of Appeal has held.
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May 07, 2024
2 new appointments to Ontario Court of Appeal
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Darla A. Wilson and Lene Madsen as Judges of the Court of Appeal of Ontario.
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May 07, 2024
4 new appointments to Ontario Superior Court of Justice
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Apple C. Newton-Smith, Carissima Mathen, Elizabeth McCarty and Yvonne D. Fiamengo to the Superior Court of Justice of Ontario (SCOJ).
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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.