Civil Litigation
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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.
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June 25, 2025
B.C. Court of Appeal upholds trial judge’s findings on liability, causation and damages
The case of Dynamic Air Solutions Ltd. v. Yu, 2025 BCCA 91 arose from a motorcycle accident in which the plaintiff, Yi Hao Yu, collided with the open door of a truck parked in the curb lane. The trial judge found both Yu and the truck driver, Chan Wai Chan, equally at fault and awarded Yu $413,000 in damages, split fifty-fifty. Both parties appealed the apportionment of liability.
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June 25, 2025
Substantial estate law compliance in Ontario: The sequel
I once wrote about Ontario’s topical “validating” provision — s. 21.1 of the Succession Law Reform Act (SLRA) — and whether it might risk “emboldening those seeking self-help remedies.” That was in November 2023. More than a year later, the case law has continued to evolve on this provision, and I feel there is wisdom in revisiting it.
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June 25, 2025
CIVIL PROCEDURE - Disposition without trial - Dismissal of action - Action unfounded in law
Appeal by Stockford against a decision dismissing his action, and motion by respondent Enbridge Inc. to dismiss appellant’s appeal.
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June 24, 2025
Ontario court rejects hospital liability in abuse case
Ontario’s top court has turned back a lawsuit from a man claiming a hospital was liable for historic sexual abuse he suffered at the hands of a doctor who ran an alternative education program on its grounds.
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June 24, 2025
Nova Scotia court confirms ‘some basis in fact’ standard for class action certification evidence
The evidentiary burden to certify a class action remains low, but the “some basis in fact” standard must still be satisfied through admissible evidence, the Nova Scotia Supreme Court has confirmed.
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June 24, 2025
N.S. court denies leave to appeal certification of class action related to COVID-19 deaths
The Nova Scotia Court of Appeal has denied a care home’s leave to appeal for an interlocutory certification order of a class action. The home argued that the judge incorrectly applied the test to certify common issues in a case where over 50 residents died at its facility due to COVID-19 exposure.
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June 24, 2025
Ontario court certifies negligence class action against Smith & Wesson over Danforth shooting
The Ontario Court of Appeal has certified a class action against Smith & Wesson over allegations that the gun manufacturer was negligent in failing to implement technology to prevent unauthorized use of the gun used in a 2018 mass shooting in Toronto.
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June 24, 2025
Have your voice heard: Take Law360 Canada’s 2025 survey on lawyer satisfaction
Law360 Canada is seeking participants for an anonymous survey on career and life satisfaction in the legal profession. Take the survey in English or French.