Civil Litigation
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June 12, 2024
Ontario court finds Ukraine airline liable for passenger deaths in flight shot down by Iran
The Ontario Court Superior Court has found Ukraine International Airlines (UIA) liable for damages to the estates of passengers who died when flight PS752 was shot down by Iran’s Islamic Revolutionary Guard Corps (IRGC) shortly after it took off from Tehran in early 2020. All 176 passengers and crew on board the flight, which was bound for Kyiv, Ukraine, were killed in the incident.
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June 12, 2024
Quebec owner-pharmacists association seeks class action against ‘specialty pharmacies’
The association representing Quebec pharmacist-owned pharmacies has launched a class action against 10 of its own members, three patient support program (PSP) managers and three private infusion networks alleging the respondents are engaged in anti-competitive practices that are costing pharmacies millions of dollars in lost sales.
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June 12, 2024
Saskatchewan regulator details strategic plan progress for 2023
Saskatchewan’s law society made strides last year in rolling out parts of its current Strategic Plan — particularly in promoting diversity and equality, ensuring the competence of new lawyers and increasing access to justice for the incarcerated.
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June 12, 2024
Federal Court of Appeal allows appeal in part challenging federal employee COVID-19 mandates
The Federal Court of Appeal has allowed an appeal in part by federal employees who argued that the government's mandatory COVID-19 vaccination policies breached their Charter rights, granting them leave to amend their claims.
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June 12, 2024
Life insurance proceeds and dependent support obligations
In my May 31, 2024 article, “Enforcing support obligations in separation agreements and court orders against an estate,” I discussed some of the legislative mechanisms dependants can use to obtain and enforce support orders. Once an order for support has been made, what assets belonging to the payor can be charged to satisfy the order? Specifically, can the proceeds of a life insurance policy held by the payor be used to fund the support ordered by the court?
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June 11, 2024
Ex-Chief Justice of Canada says judges of Hong Kong’s Court of Final Appeal remain independent
In the wake of Beijing’s escalating crackdown on independent voices and institutions in Hong Kong since China enacted and expanded a sweeping “national security law,” Hong Kong’s top court is still independent, retired Supreme Court of Canada Chief Justice Beverley McLachlin said as she announced her planned departure next month from the Hong Kong Court of Final Appeal.
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June 11, 2024
Appeal Court restores $1M award for fire-damaged property in 'important' insurance decision
The Ontario Court of Appeal has reinstated an umpire’s determination that the actual cash value (ACV) of a commercial premises partially destroyed in a fire was $1,084,000, finding that the award was not arbitrary even though it far exceeded the market value of the premises.
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June 11, 2024
Repair right in easement does not create obligation to repair
The Ontario Superior Court of Justice in McKinlay v. Chatham-Kent (Municipality), 2024 ONSC 2811, has recently held that a right by a dominant tenement owner in an easement, which includes a right to repair a drain located on the servient lands does not create an obligation by the dominant tenement owner to make such repair.
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June 11, 2024
Alberta law society amends code of conduct rules on single-party communications
Benchers of the Law Society of Alberta (LSA) have adopted an amendment to its code of conduct on single-party communications. he amendment was made at the law society’s June 7 board meeting. In October 2023, the law society adopted several rules, commentary and amendments to the code, proposed by the Federation of Law Societies of Canada (FLSC) through its model code.
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June 11, 2024
Lawyers’ legal and ethical dilemma in the digital age
A U.S. court video depicting a man attending a virtual hearing concerning his suspended driver’s licence while visibly operating a motor vehicle has garnered widespread attention on mainstream and social media platforms. The video went viral due to its humorous and paradoxical nature, yet it serves as a poignant reminder for us in the legal profession of our duties in the digital age.