Civil Litigation
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April 25, 2024
The legal controversies of MAiD, part one
In a groundbreaking decision by the Court of King’s Bench of Alberta, 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.
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April 24, 2024
Court: Utilization of patented design in promotional materials not ‘use’ under Patent Act
The Federal Court of Appeal has upheld a finding that the utilization of a design, which if built would comprise the essential elements of a patent, does not constitute “use” to support a claim of infringement under the Patent Act.
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April 24, 2024
Trade tribunal to hold inquiry into alleged dumping of pea protein by China
The Canadian International Trade Tribunal (CITT) has launched an inquiry into a complaint that China is dumping pea protein on the Canadian market.
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April 24, 2024
Court approves $51M settlement in class action against Facebook for privacy breaches
The British Columbia Supreme Court has allowed a $51 million settlement in a 12-year battle against Facebook regarding alleged privacy breaches related to its Sponsored Stories program.
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April 24, 2024
Barriers to a legally binding, global treaty on plastic pollution are mounting, say lawyers
Achieving a global, legally binding treaty to draw down pervasive plastic pollution is becoming increasingly difficult as successive and more “bloated” drafts of the agreement are negotiated, says a lawyer with Ecojustice Canada.
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April 24, 2024
McGill law profs strike
Unionized law professors at Montreal’s McGill University are now on strike. The “unlimited” strike officially began on April 24. A spokesperson with the Association of McGill Professors of Law (AMPL) confirmed that 45 law professors have walked off the job.
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April 24, 2024
Twenty years since Haida: Where we have come and where we are going
It has now been 20 years since the Supreme Court of Canada released its monumental decision in Haida Nation v. British Columbia (Minister of Forests) 2004 SCC 73, which formally established the duty to consult and accommodate. The Supreme Court stated in Haida that the Crown’s duty to consult and accommodate Indigenous peoples is based on the fundamental principle of the honour of the Crown, which is put into effect by specific actions.
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April 24, 2024
P.E.I. holding public meetings on forestry issues
Prince Edward Island is looking for residents’ input on the revamping of the province’s forestry laws. According to an April 22 news release, the P.E.I. Forestry Commission will be holding public meetings on changes to its forestry legislation — an initiative born out of findings in a recent discussion paper, titled Towards a New Forest Policy.
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April 24, 2024
CIVIL PROCEDURE — Pleadings — Amendment of — Statement of claim
Appeal by Estate from motion judge’s conclusion that claims for non-pecuniary damages arising from respondents' conduct on and management of deceased Lepan’s accident benefits and tort claims were waived.
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April 24, 2024
Ontario court certifies class action against Binance over allegedly illegal crypto derivative sales
The Ontario Superior Court has certified a class action against cryptocurrency trading platform Binance concerning sales of cryptocurrency derivative products that were allegedly illegal and void as Binance failed to file a prospectus or register as required under the Ontario Securities Act (OSA).