Civil Litigation
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June 14, 2024
Federal Court upholds decision not to renew salmon farm licences over impact on wild salmon
The Federal Court has upheld a decision of the Fisheries Minister not to renew 15 aquaculture licences for Atlantic salmon fish farms in the Discovery Islands in British Columbia over concerns about the impact of the farms on wild salmon.
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June 14, 2024
‘Difficult to fathom’ delay in moving to protect spotted owl, Federal Court judge says
A Federal Court judge has ruled Environment and Climate Change Minister Steven Guilbeault violated Canada’s species-at-risk legislation by waiting eight months to recommend an emergency order to protect British Columbia’s endangered northern spotted owls.
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June 14, 2024
Providing value to the difficult client | Jacob Murad
Many lawyers (myself included) over the course of any practice, run into issues withdrawing from representing and terminating a difficult client. (A recent example of this was when Peter Nygard’s defence lawyer asked to be removed as his counsel just before his sentencing for sexual assault, reportedly due to a “breakdown and loss of confidence in the solicitor-client relationship.”)
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June 13, 2024
New asset freezes, entry bans & export prohibitions target Russian war of aggression against Ukraine
Canada has aimed new sanctions and export prohibitions at participants in Russia’s military-industrial complex, in a co-ordinated move with other countries on the first day of the G7’s three-day summit in Italy.
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June 13, 2024
Proposed class action targets SiriusXM Canada over alleged misleading pricing practices
Toronto-based class-actions specialist Siskinds LLP has filed a proposed consumer class action lawsuit against SiriusXM Radio Canada Inc. and SiriusXM Canada Holdings Inc. over allegations that the radio and streaming service provider breached the Competition Act and the Ontario Consumer Protection Act, 2002 by failing to provide fair and transparent pricing details.
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June 13, 2024
Liberal government unveils in Commons ‘2030 Nature Strategy’ and proposed Nature Accountability Act
The minority Liberal government’s newly proposed Nature Accountability Act would hold Ottawa “accountable to make progress” (but not via an enforceable legal mechanism) toward the goal of protecting at least 30 per cent of Canada’s lands and waters by 2030, says federal Minister of Environment and Climate Change Steven Guilbeault.
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June 13, 2024
HEALTH-CARE PROFESSIONALS — Liability (malpractice) — Negligence — Causation — Duty of care
Appeal by appellants from trial judgment against them for equal share of respondents' agreed damages of $12 million. They argued that the trial judge erred in his findings of factual and legal causation regarding Doctor Padmore and Scarborough Hospital’s ("Hospital") pre-delivery acts and omissions. The respondent suffered cardiac arrest on the operating table during a cesarean section (“C-section”) at the Hospital.
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June 13, 2024
Inexcusable: Associate chairs missing in action | Voy Stelmaszynski
The absence of permanent, competent associate chairs at Tribunals Ontario spells disaster for each adjudicative tribunal and betrays a lack of commitment to providing leadership when and where it is most needed. Why are there ongoing vacancies in key leadership positions at Tribunals Ontario?
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June 13, 2024
Specifying a date in a waiver of liability form can be risky
Waiver of liability forms are common in the recreational industry. As a matter of public policy, these forms are important to ensuring that these kinds of businesses are not subject to potentially high damage awards when a participant is seriously injured. These forms also permit recreational businesses to ensure that the costs for comprehensive liability insurance are manageable and that insurers will be willing to provide insurance coverage to their businesses.
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June 12, 2024
Competition Bureau obtains court order to advance investigation into Amazon
The Federal Court of Canada has issued a second court order in connection with a Competition Bureau investigation into potentially false or misleading reviews and claims by online retailing giant Amazon.