Civil Litigation
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May 02, 2024
Saskatchewan spending millions to end interpersonal violence, abuse
Saskatchewan is putting up tens of millions to combat its problem with “interpersonal violence.”
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May 02, 2024
New independent watchdog would assess & report how Ottawa carries out its modern treaty obligations
Ottawa says it will create an independent oversight body, led by a new “Commissioner for Modern Treaty Implementation” who reports to Parliament and whose role will be “to work to hold the Government of Canada accountable for its modern treaty obligations and advance key priorities.”
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May 02, 2024
Child abduction and ‘habitual residence’: Definitive guidance from the Ontario court – Part two
In a recent article, we talked about a parental abduction case called Kalra v. Bhatia, 2024 ONSC 1443 (see link to part one below). It features several complex issues, including the key question of how “habitual residence” is to be assessed, for the purposes of the Ontario Court assuming jurisdiction over the matter, under the Children’s Law Reform Act (CLRA).
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May 02, 2024
Quebec court authorizes class action for neglect of off-reserve Indigenous children
The Quebec Superior Court has authorized a class action concerning allegations that Quebec and Canada neglected off-reserve Indigenous children by prioritizing removing them from their homes over prevention services that would have allowed them to stay in their families and communities.
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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.