Civil Litigation
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April 22, 2024
Ordinary costs awarded against self-represented appellant who alleged fraud without evidence
A motor vehicle collision occurred on August 6, 2018, injuring both motorists. The appellant was not satisfied with the outcome of the trial and appealed. She alleged that the respondent and an independent witness colluded to lie to the court and place the blame for the collision on her. Her appeal was dismissed, and she was ordered to pay ordinary costs to the respondent.
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April 22, 2024
Appellate court denies that signed online waiver applied to mountaineering accident
The British Columbia Court of Appeal has dismissed an appeal in a case where a man was injured in a mountaineering accident, finding that the signed online waiver in question could not be applied as mutual intention did not exist.
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April 22, 2024
Nova Scotia judicial appointment announced
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Shannon B. Mason as Judge of the Supreme Court of Nova Scotia.
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April 22, 2024
CIVIL PROCEDURE — Appeals — Standard of review — Clearly wrong or palpable and overriding error — Correctness
Appeal by Paramount Resources Ltd. (Paramount) from chambers judge’s summary dismissal of Paramount's claim and refusal to extend limitation period arguing that its claim was brought within time.
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April 19, 2024
Excluding ‘managers’ from collective bargaining doesn’t infringe Charter’s s. 2(d) guarantee: SCC
The Supreme Court of Canada has ruled 7-0 that the Quebec legislature’s exemption of “managers” from a statutory definition of “employees” — thereby excluding them from collective bargaining and other protections in Quebec’s Labour Code — does not infringe the s. 2(d) Charter-guaranteed freedom of association of members of an association of first-level casino managers, which had applied to be certified under the province’s general labour relations regime.
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April 19, 2024
Tax lawyers sound alarm about enhanced CRA powers in federal budget
Some tax lawyers are warning that enhanced enforcement rules proposed for the Canada Revenue Agency (CRA) in this week’s federal budget could erode taxpayer protections and lead to more litigation and higher costs.
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April 19, 2024
Family court judges must balance fairness in assisting the self-represented: lawyer
Given the growing number of self-represented litigants in family court, judges must ensure fairness to both sides when assisting those who appear without counsel, says a lawyer following a Saskatchewan case where a trial judge failed to give adequate help to a father acting for himself in a parenting dispute.
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April 19, 2024
Ontario case has ‘novel issues’ on consent, legal requirements of physicians: lawyer
Ontario’s top court has ruled that a physician’s duty of disclosure of the risks of medical treatment is not necessarily limited to the doctor carrying out the procedure.
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April 19, 2024
The goofiest place on earth | Marcel Strigberger
Goofy is in trouble. Big time. A Katrina Amian Redfern Griffin was visiting Disneyland in California. She bent over to tie her daughter’s shoes when suddenly Goofy, a favourite Disney character, apparently barreled straight into her, knocking her down and falling on top of her.
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April 19, 2024
Appeal allowed due to trial judge’s incorrect evidentiary rulings, failure to help self-represented litigant
A high-conflict parenting situation led to a 10-day trial where, despite the father’s primary care of their young daughter for over three years, custody was reversed and the father, who lived in Regina, was granted parenting time in Saskatoon three weekends a month and extended vacation parenting time.