Civil Litigation
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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).
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April 24, 2024
The death of Walter Gillespie | Sam Goldstein
Walter Gillespie, a New Brunswick man who spent more than a score of years in jail for a murder he did not commit, died last week, a few months after being exonerated for murder. Alas, the wheels of justice ground exceedingly slowly for Gillespie. As James Lockyer, who fought for Gillespie’s exoneration, told The Globe and Mail, “We’re just glad he managed to clear his name before he died.”
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April 23, 2024
B.C. puts health-care cost recovery bill on hold, will convene online safety action table
The B.C. government has put the brakes on controversial health-care cost recovery legislation it introduced to great fanfare last month, announcing plans to convene a round table with social media giants to take action on online harms.
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April 23, 2024
N.S. gets new justice minister amid comments controversy
Nova Scotia has a new justice minister following the sudden resignation of Brad Johns, who stepped down after making controversial comments about domestic violence.
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April 23, 2024
B.C. Court of Appeal upholds order referring ad price-fixing dispute against Google to arbitration
The B.C. Court of Appeal has upheld a lower court decision favouring arbitration of a proposed class action against internet giant Google over allegations that it engaged in anti-competitive practices to artificially maintain the price of Google search ads above competitive market rates.
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April 23, 2024
When your letter of credit is ‘on demand’
Other than cash, a standby letter of credit (LoC) is generally considered the most liquid form of performance security. Accordingly, one would assume that where a party who delivered an LoC has breached the applicable contract, drawing down on the LoC should be as simple as the other counterparty walking down to the bank and asking for the cash, right? It might not be so simple anymore. This issue was addressed in Pacific Atlantic Pipeline Construction v. Coastal Gaslink Pipeline Ltd., 2023 ABKB 736.
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April 23, 2024
Not a good day for the use of survey evidence in trademark cases
Promotion in Motion, Inc. (PIM), sought to register the trademarks SWISSKISS and SWISSKISS & Design depicted below for the goods “Chocolate of Swiss origin” (Promotion In Motion Inc. v. Hershey Chocolate & Confectionery, LLC 2024 FC 556).