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Civil Litigation


Thursday, September 07, 2023 @ 2:37 PM

Ottawa names Quebec Court of Appeal judge to lead public inquiry into ‘foreign interference’ Public Safety Minister Dominic LeBlanc

The Liberal government has established a “Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions,” following all-party agreement to the new commission of inquiry’s terms of reference and its commissioner. ... [read more]

Thursday, September 07, 2023 @ 1:52 PM

Don’t be left guessing on your estimates blueprints and calculator

The Alberta Court of Justice reiterated fundamental contract law principles when examining estimates in Medusa Contracting Inc. v. Efficient Quality Homes Inc., 2023 ABCJ 123 (Medusa Contracting). ... [read more]

Thursday, September 07, 2023 @ 1:36 PM - Last Updated: Friday, September 08, 2023 @ 4:45 PM

Tribunal’s ‘good character’ decision ‘black mark’ on profession, lawyer says; LSO appeals

The Law Society of Ontario’s (LSO) appeal of a Law Society Tribunal decision casts into the spotlight the need for lawyers to be of “good character.” The tribunal’s decision, which determined that a man who admitted to sexually abusing minors was of “good character,” granting his application for an L1 licence, is a “black mark” on the profession, a lawyer stressed. ... [read more]

Thursday, September 07, 2023 @ 11:48 AM

Aretha Franklin and her holograph will, part two Hand using a quill pen to write a will

As we discussed in the first article in this two-part series, the singer Aretha Franklin passed away in 2018. During the search of her home, her designated personal representative found two different handwritten wills. One was in a notebook under a couch cushion and was dated 2014 (the “2014 will”). The other will was in a locked cabinet and was dated 2010 (the “2010 will”). ... [read more]

Thursday, September 07, 2023 @ 11:30 AM

[ Legal Wire ] - Ontario Court of Appeal sets aside summary dismissal of claim against bankruptcy trustee

The Ontario Court of Appeal has set aside the summary dismissal of an action against the former trustee of a bankruptcy proceeding, finding that a motion judge erred by failing to consider a limitation period defence within the bankruptcy context. ... [read more]

Wednesday, September 06, 2023 @ 12:51 PM

Ottawa consults Black Canadians, legal support groups on ending anti-Black racism in justice system

With a view to ending the criminal justice system’s systemic discrimination and overrepresentation of Black people, both as accused and as victims, the federal Department of Justice (DOJ) has begun online and in-person consultations asking Black people and their communities — as well as representatives of organizations that provide justice-related services and supports to Black communities — their views on developing Canada’s “Black Justice Strategy.” ... [read more]

Wednesday, September 06, 2023 @ 12:07 PM

Quebec appellate decision underlines need to implement robust workplace safety measures: experts Amissi Manirabona

An appeal by a Quebec City company that was found guilty of criminal negligence causing the death of one of its workers was dismissed by the Quebec Court of Appeal in a “very important” decision that may spur law enforcement officials and Crown prosecutors across the country to be more aggressive and hold to account organizations and decision-makers for workplace deaths, according to legal experts. ... [read more]

Tuesday, September 05, 2023 @ 4:45 PM

Ottawa extends tenure, assessments of judicial advisory committees to three years from two Federal Justice MInister Arif Virani

Faced with loud complaints that Ottawa chronically takes too long to fill vacancies on the superior courts, the Liberal government has announced that new members of its 17 judicial advisory committees (JACs) which vet applications for the bench across Canada will serve for three years, rather than two, while the JACs’ evaluations of individual applicants as “highly recommended,” “recommended” and “unable to recommend” for the federal benches are similarly extended to three years from two, as of Aug. 1. ... [read more]

Tuesday, September 05, 2023 @ 2:37 PM

[ Legal Wire ] - B.C. court rejects claim of fraudulent misrepresentation in sale of dental practice

The British Columbia Supreme Court has dismissed claims regarding the sale of a dental business where the plaintiff alleged that the amount estimated for generated billings was fraudulent misrepresentation. ... [read more]

Tuesday, September 05, 2023 @ 2:21 PM

Better late than never? Not when it comes to expert reports Lawyer looking at files

This is a case study of the decision in Lamothe v. Sudbury Trail Plan Assn., 2023 ONSC 3176. Gaetan Lamothe, the plaintiff, was in a snowmobile accident in 2014. The plaintiff served several expert opinion reports regarding the nature and extent of his injuries. The defendant did not serve any responding expert opinion reports. The matter was set down for trial twice; in 2019 (delayed due to COVID) and in September 2023. In February 2023, the defendant moved to require the plaintiff to undergo four independent medical assessments and leave to extend the deadline to deliver the reports late if the assessments are ordered. ... [read more]