Civil Litigation
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April 04, 2025
New Brunswick investing in start of courts’ digital upgrade
New Brunswick is spending $5 million to kick-start the digital transformation of its courts. In what is being called an investment in greater access to justice, New Brunswick’s government will spend more than $32 million over six years for the technological revamp of the province’s court system, which will include various digital upgrades to the courts, as detailed in an April 3 news release.
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April 04, 2025
CIVIL PROCEDURE - Pleadings - Statement of claim - Leave to amend -Striking out pleadings or allegations
Appeal by Sawatzky from chambers judge’s decision to strike his republication claim and to strike his claim related to Timmerman's personal liability. Sawatzky brought an action against Prince Albert Golf and Curling Club Inc. (PAGCC) and its former board chair, Timmerman (collectively, respondents), alleging he was defamed by the respondents after having been terminated as the club's general manager.
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April 04, 2025
Federal Court of Appeal affirms accessibility measures in air travel
In 2016, Timothy Rose was unable to board an Air Canada flight from Toronto to Cleveland because the aircraft could not accommodate his power wheelchair.
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April 03, 2025
Alberta Court of Appeal rejects trust claims over airport fees held by insolvent airline
The Alberta Court of Appeal has ruled that airport improvement fees collected by a now-insolvent airline are not held in trust for certain airport authorities. The court cited a provision in the agreement between the parties that explicitly disclaimed any intention to create a trust relationship.
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April 03, 2025
Carney announces 25 per cent retaliatory tariff on U.S. autos
Prime Minister Mark Carney has vowed to fight U.S. tariffs on all fronts, including in the courts and with a new 25 per cent tariff on U.S.-made automobiles in direct response to a 25 per cent U.S. tariff on Canadian vehicles that went into effect at midnight on April 3.
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April 03, 2025
Federal Court allows discrimination claim against Canada Revenue Agency to proceed
The Federal Court has allowed parts of an amended statement of claim to be heard on the merits in a case that alleged discrimination by the Canada Revenue Agency in its hiring process. The claim was previously struck in its entirety.
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April 03, 2025
Sexual assault and IPV survivors sue Ottawa, argue Jordan fallout violates their s. 7 Charter rights
Fourteen sexual assault and intimate partner violence survivors have sued Ottawa for $15 million in Charter damages and systemic remedies for the federal government’s alleged unjustified breach of their Charter s. 7 right to fundamental justice by not responding effectively to R. v. Jordan, 2016 SCC 27 and its fallout.
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April 03, 2025
New rules, regulations for mortgage brokers in Newfoundland and Labrador
New rules and regulations are now in play for mortgage brokers in Newfoundland and Labrador. “New rules for the mortgage broker industry” came into effect April 1, according to a news release; they come via the Mortgage Brokerages and Brokers Act and Regulations.
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April 03, 2025
WRONGFUL DISMISSAL DAMAGES - Notice period - Punitive damages - Deductions - Disability benefits
Appeal by Saskatchewan Indian Gaming Authority Inc. (SIGA) from finding that it wrongfully dismissed Pasap and that Pasap was entitled to damages for lost disability insurance benefits.
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April 03, 2025
Federal Court of Appeal releases a shock decision in Bell v. Canada
When, for example, a business pays for an expense related to its commercial activities, it also pays goods and services tax (GST) or harmonized sales tax (HST) on the expense. In Ontario, the federal GST (five per cent) and provincial retail services tax (RST) of eight per cent combine, resulting in the 13 per cent HST.