Civil Litigation
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October 21, 2024
First Nations reject $47.8B deal for long-term Indigenous child services reform
The federal government has expressed disappointment in a decision by First Nations chiefs to vote against a $47.8 billion deal on long-term reform of Indigenous child and family services over concerns about the uncertainty of annual funding approvals and the implementation structure of the agreement.
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October 21, 2024
3 associates join Kastner Ko
Recent news released from Kastner Ko LLP announced the addition of associates Olivia Evans, Vlada Hershtynovich and Frank Nasca.
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October 21, 2024
CIVIL PROCEDURE - Grounds for review - Misapprehension of or failure to consider evidence - Substituting own judgment
Appeal by Jack Wang Law Corporation ("Wang") from a Supreme Court order dismissing an appeal from an associate justice's decision to reduce its legal fees. Gao retained Wang after Gao’s daughter was expelled from a private school in Victoria. Wang's tasks included attempting to change the school records to show a voluntary withdrawal, seeking a refund of pre-paid tuition, and considering a potential claim for damages to the daughter’s reputation.
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October 21, 2024
Understanding ‘judgment’ in Construction Act appeals
In the recent case of MGW-Homes Design Inc. v. Pasqualino, 2024 ONCA 422 (MGW-Homes), the Ontario Court of Appeal addressed the novel issue of the appropriate appeal route for orders involving the enforceability of adjudicators’ determinations under Ontario’s Construction Act (the Act).
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October 21, 2024
Best practices for pursuing wrongful death claims on behalf of plaintiffs
Losing a loved one through the negligence or malice of another is one of the most painful life events one can suffer. While compensatory damages cannot heal the loss, surviving family members may choose to pursue a wrongful death lawsuit to hold the responsible parties accountable. Medical malpractice and vehicular accidents are among the most common types of wrongful death lawsuits.
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October 21, 2024
Invasive species legislation in British Columbia | Gary Goodwin
Worldwide biological invasions caused losses of $1,208 billion, which were in the same order of magnitude as the $1,916 billion in economic losses from storms, as shown in a recent study.
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October 18, 2024
Three tobacco majors near $32.5B arrangement to end Canada lawsuits
A proposed plan of compromise and arrangement could see three major tobacco companies pay $32.5 billion, including $24.73 billion to Canadian provinces and territories, as well as $6.64 billion to victims of smoking-related illnesses, to settle all tobacco-related claims against them in Canada.
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October 18, 2024
6 new Indigenous justice centres opening in British Columbia
The BC First Nations Justice Council (BCFNJC) has announced that six new Indigenous Justice Centres (IJCs) will be opening up in the province by December 2024, saying this would allow more Indigenous people to have access to free and culturally safe legal services.
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October 18, 2024
Federal Court finds accounting of profits needs recalculation in passing off case
The Federal Court has determined that an accounting of profits must be recalculated in a case where passing off was established in the sales of luggage to the detriment of Switzerland-based Wenger, the maker of SwissGear luggage.
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October 18, 2024
CIVIL PROCEDURE - Parties - Class or representative actions - Certification
Appeal by General Motors of Canada Company and General Motors LLC (“General Motors”) from Queens Bench judge’s Certification Decision on grounds that certification judge erred in determining class action was preferrable procedure for resolving common issues. Evans launched a proposed multi-jurisdictional class action against General Motors on behalf of all persons in Canada who purchased or leased a 2011 or newer Chevrolet Cruze automobile manufactured by General Motors.