Civil Litigation
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July 24, 2024
New partner joins Torys in Montreal
Torys LLP recently announced the addition of Anne Merminod as a partner in the firm’s Montreal office, with a practice focusing on class action litigation.
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July 24, 2024
New managing partner for Aird & Berlis
Jill P. Fraser, a senior partner in Aird & Berlis’s financial services group and a long-standing member of the executive committee, the firm’s new managing partner.
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July 24, 2024
Collaborative law and its role in estate disputes
Collaborative law, commonly used in family law, is an innovative approach to dispute resolution — introduced to the Canadian legal landscape in 1998 — where the lawyers and parties involved in a dispute agree in advance to resolve their conflict using co-operative strategies that are out of court rather than adversarial techniques and litigation.
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July 23, 2024
Federal Court orders broadcaster to pay $27.3M for copyright infringement of Turkish programs
The Federal Court has ordered a broadcaster to pay $27.3 million for infringing the copyrights of Turkish broadcaster Kanal D on 2,729 episodes of 22 television programs.
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July 23, 2024
Appeal court finds insured not covered for failing to notify insurer of securities fraud probe
The Ontario Court of Appeal has dismissed an appeal in which the insured was not able to receive coverage or relief from forfeiture due to his delay in notifying the insurer about circumstances that would reasonably lead to a claim.
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July 23, 2024
Refugees: Courts weigh in on use of facial recognition technology
The recent decision of the Federal Court in Ali v. Canada (Minister of Public Safety and Emergency Preparedness), [2024] FC 1085, has brought attention to the practice of the Canada Border Services Agency (CBSA) using facial recognition technology and photo comparisons to prove that refugees misrepresented their identity.
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July 23, 2024
Remote scenarios: Ontario court clarifies evidentiary requirements for manufacturing defect claim
The Ontario Superior Court of Justice recently dismissed a plaintiff’s product liability claim based on negligent manufacture and the duty to warn, for damages totalling $250,000. The decision of Pelton v. Maytag Ltd., 2024 ONSC 3016, clarifies evidentiary requirements necessary to establish a manufacturing defect claim as well as the scope of a manufacturer’s duty to warn of foreseeable risks.
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July 23, 2024
Ontario Court of Appeal’s latest commentary on duty of care, negligence, causation in tragic case
In a recent decision, the Ontario Court of Appeal was forced to address various questions of law in a complicated medical malpractice matter involving a 29-year-old woman who suffered life-altering complications.
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July 22, 2024
Montreal law firm launches proposed class action over plant milk listeriosis outbreak
A Montreal law firm is the first in Canada to seek compensation for consumers affected by a recent listeriosis outbreak linked to some plant milk products.
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July 22, 2024
B.C. Court of Appeal upholds securities regulator's power to compel witnesses to provide evidence
The B.C. Court of Appeal has upheld the constitutional validity of B.C. Securities Act provisions that allow the B.C. Securities Commission to compel witnesses to provide evidence and to seek court orders to ensure compliance with summonses under threat of contempt.