Civil Litigation
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October 30, 2024
Federal privacy commissioner to investigate thousands of CRA data breaches
The Office of the Privacy Commissioner of Canada (OPC) has announced it is officially launching an investigation into more than 30,000 privacy breaches involving Canada Revenue Agency (CRA) accounts going back to 2020, five months after the CRA reported the breaches to the OPC.
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October 30, 2024
Onus of proof on excluded property claims still up in the air
The parties in Parvizi v. Taherzadeh, 2024 BCCA 205 were in the midst of their 10-day trial when an issue arose as to the value of a property, alleged by Mesbah Taherzadeh to be excluded property. The issue on appeal was whether Taherzadeh bore the onus of proving both that the property was excluded, and the value of the exclusion based on the property’s value at the date the relationship commenced.
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October 30, 2024
The Ontario Land Tribunal: A gradual erosion of access to justice | Brian Cook
Once upon a time in Ontario, there was a robust tribunal system dedicated to environmental and planning issues. While by no means perfect, the system featured adjudicators who had subject matter and dispute resolution expertise. It was possible for citizens and community groups to appeal local land use decisions to what is now the Ontario Land Tribunal and participate in hearings by presenting oral testimony and making submissions.
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October 30, 2024
CFIA plant milk probe finds processor did not implement certain food safety protocols
The Canadian Food Inspection Agency (CFIA) has announced that it has concluded its investigation related to the recall of Silk and Great Value plant-based refrigerated beverages that killed three people due to contamination.
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October 30, 2024
Purpose-driven sanctions
The time has come to break away from criminal sentencing concepts when determining the appropriate sanction in a discipline matter. In earlier articles in Law360 Canada, my colleague Natasha Danson discussed how a registrant’s degree of insight should be adopted as the guiding factor in sanction over the perceived remorse, or lack thereof, of a registrant.
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October 30, 2024
Intersection of human rights and aviation law: Zoghbi v. Air Canada
In Zoghbi v. Air Canada, [2024] F.C.J. No. 1444, Abdallah Zoghbi, a Lebanese-born Canadian who has a noticeable Arabic accent, was travelling on an Air Canada flight. Prior to take-off, Zoghbi faced an annoyed tone from a flight attendant. In response, he expressed his displeasure and asked to speak to the manager. This led Air Canada to remove Zoghbi from the flight and banned from the flight. Subsequently, Air Canada unilaterally decided to impose a general travel ban on Zoghbi.
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October 30, 2024
2 new associates join Folger, Rubinoff
Recent news releases from Folger, Rubinoff LLP announced the addition of Anja Perc and Luisa D’Alessio as associates in the firm’s litigation and employment and labour practices, respectively.
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October 30, 2024
Alberta taking feds to court over decision to exempt home heating oil from carbon levy
Alberta is taking the federal Liberal government to court to challenge the constitutionality of exemptions from Canada’s carbon pricing regime given to heating oil that were enacted last year.
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October 29, 2024
New ‘pathway’ to permanent residence opens for families of those killed in downing of Flight PS752
Ottawa has opened the door wider to permanent residence for families of Canadians and a number of others who died almost five years ago when Ukraine International Airlines Flight 752 (PS752) was shot down by two Iranian surface-to-air missiles, killing all 176 people aboard, including 55 Canadian citizens and 30 permanent residents of Canada.
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October 29, 2024
Canada sanctions weapons & aid suppliers to Myanmar military after hundreds of civilians bombed
In coordination with the EU and the U.K., Canada has imposed sanctions under the Special Economic Measures (Burma) Regulations against three individuals and four entities for supplying weapons and military equipment to Myanmar’s military.