Civil Litigation
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June 26, 2025
B.C. Court of Appeal upholds enforcement of US$30M U.S. securities fraud judgment
The British Columbia Court of Appeal has upheld a summary judgment enforcing a US$30-million order against a B.C. resident who allegedly masterminded a multijurisdictional securities fraud scheme, rejecting arguments over jurisdiction and procedural fairness in the U.S. proceedings.
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June 26, 2025
Grey market revisited
As asked in a recent decision of the Federal Court, when is a TOYOTA bumper no longer a TOYOTA brand product? According to the plaintiffs, when it’s damaged during shipment by a grey marketer. The defendant disagrees (Toyota Jidosha Kabushiki Kaisha (Toyota Motor Corporation) v. Marrand Auto Inc., 2025 FC 1105).
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June 26, 2025
Interpreting class gifts: Impact of will drafting on vesting
Class gifts can be a very effective tool for will-drafters, given the unique advantages that these gifts possess. Ideally suited to giving assets to multiple beneficiaries, one of the perks of class gifts is that they will not lapse if a member of the beneficiary class predeceases the testator. Rather, the gift will simply be distributed among the remaining class members.
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June 26, 2025
FedCt unveils new practice guidelines; cuts oral, written argument in visa, work & study permit JRs
The Federal Court this week “paused” its study permit pilot project and announced that, for judicial reviews of denials of temporary resident visas, study permits and work permits, the default maximum time for hearings will be reduced to 45 minutes and the default maximum written submissions will be limited to 20 pages, starting Sept. 2.
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June 25, 2025
Federal Court of Appeal stays order to depopulate B.C. farm’s ostriches for avian flu
The Federal Court of Appeal has allowed a motion to stay the destruction of ostriches on a B.C. farm where cases of avian flu H5N1 were found, pending the determination of the decision on appeal.
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June 25, 2025
Deaths from illegal drug supply fell 17% in 2024; thousands who died were men, many in their 30s
There were more than 7,000 opioid-related drug toxicity deaths in Canada last year — 20 people per day — an overdose crisis primarily driven by a toxic illegal drug supply, according to the latest data reported by the Council of Chief Medical Officers of Health and the Chief Coroners and Chief Medical Examiners.
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June 25, 2025
Federal Court: Novel passing off claim over damaged grey market Toyota parts to proceed to trial
The Federal Court has upheld a ruling that the sale of damaged grey market Toyota parts bearing a trademark could support a trademark misrepresentation or depreciation claim.
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June 25, 2025
Court of Appeal finds judge misinterpreted civil rules, overturns dismissal of wind turbine lawsuit
A motion judge was unreasonable when she dismissed a self-represented couple’s legal action against a wind turbine operator for “inordinate and inexcusable delay,” the Ontario Court of Appeal has found.
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June 25, 2025
Court dismisses real estate company’s motion to stay receivership order
The Ontario Court of Appeal has dismissed a motion to stay a receivership order stemming from the Ontario Securities Commission’s investigation into companies in the real estate business.
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June 25, 2025
Stewart McKelvey welcomes two new lawyers to Charlottetown office
Stewart McKelvey has welcomed Emma Halliday and Emma Jean Griffin as associates in its Charlottetown office.