Civil Litigation
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April 29, 2024
Appellate court finds deputy attorney general erred in determining claim to escheated land
The British Columbia Court of Appeal has allowed an appeal in a longstanding property dispute, ruling the province's deputy attorney general (DAG) did not adequately consider the “moral claim” of ownership over a parcel of land that was escheated nearly a century ago.
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April 29, 2024
Justice minister orders new trial due to likely miscarriage of justice in 1983 murder convictions
Citing newly emerged and “significant” evidence, federal Justice Minister Arif Virani has ordered a new trial for a Quebec man, who is on full parole after being convicted 41 years ago for two murders.
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April 29, 2024
Newfoundland and Labrador court orders Husky Oil to pay $2.5M over oil spill
The Provincial Court of Newfoundland and Labrador has ordered Husky Oil to pay a fine of $2.5 million in relation to the 2018 release of an estimated 250,000 litres of crude oil into the waters southeast of Newfoundland and Labrador due to an equipment failure.
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April 29, 2024
Suing on a commercial contract: Top 5 mistakes
In Ontario, suing for breach of a business contract, like a share or asset purchase agreement, imposes a number of challenges.
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April 29, 2024
Federal Court denies stay on night-flight ban at Quebec's Saint Hubert Airport
The Federal Court has declined to stay a government decision prohibiting the takeoff and landing of a certain type of aircraft at night at the Saint-Hubert Airport in Quebec over noise concerns.
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April 26, 2024
Military judges are independent; dual role as military officers doesn’t breach Charter: SCC
The inclusion of military judges in the chain of command of the Canadian Armed Forces (CAF) neither raises a reasonable apprehension of bias nor makes military judges insufficiently independent such that their military status breaches CAF members’ 11(d) Charter right to be tried by an independent and impartial tribunal, the Supreme Court of Canada has ruled.
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April 26, 2024
Ducharme schooled | Marcel Strigberger
Send in the paralegals? Who are they? What can they do?
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April 26, 2024
Ontario court lifts stay, points to email chain as potential cause of action against receiver
The Ontario Superior Court has allowed a real estate firm to proceed with an action over an unpaid commission on the sale of a property by a receiver for an insolvent business, even though the receiver never signed a formal commission agreement.
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April 26, 2024
The legal controversies of MAiD, part two
As we discussed in the first article in this two-part series, the legal complexities surrounding Medical Assistance in Dying (MAiD) have been brought to the forefront in the case of W.V. v M.V., 2024 ABKB 174, opined by Justice Colin C.J. Feasby. This article continues the discussion.
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April 26, 2024
CANADIAN CHARTER OF RIGHTS AND FREEDOMS — On being charged with an offence — Independent and impartial tribunal
Appeals by Appellants from judgments of the Court Martial Appeal Court of Canada (CMAC) which set aside stays of proceedings, ordered trials to proceed and dismissed cross-appeals. The appellants were members of the Canadian Armed Forces who were charged with service offenses.