Civil Litigation
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June 03, 2024
B.C. expands whistleblower legislation to public post-secondary sector
The government of British Columbia has announced the expansion of its whistleblower legislation into the public post-secondary education sector effective June 1, with research universities scheduled to come under the province’s Public Interest Disclosure Act (PIDA) later this year.
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June 03, 2024
Court of Appeal: Crown had no duty to consult First Nations when revoking regulation
The Ontario Court of Appeal has upheld a lower court decision that found the Crown had no duty to consult First Nations regarding the Ontario government's decision to revoke an environmental regulation.
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June 03, 2024
Cellphones in Ontario schools: Revenge porn and curriculum | Marvin Zuker
This must be a mandatory part of a high school curriculum, if not earlier, that teaches about mental health, a student’s right to privacy, the 2014 criminalization of the non-consensual distribution of intimate images as set out in s. 162.1 of the Criminal Code as well as a discussion of the common law tort of public disclosure of private facts, perhaps more significant in Ontario, which does not yet provide for a statutory breach of this privacy tort (See: Jones v. Tsige, 2012 ONCA 32, Jane Doe 464533 v. N.D., [2016] O.J. No. 382, and Jane Doe 72511 v. N.M., [2018] O.J. No. 5741).
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June 03, 2024
Privilege waived after submitting incident response report to regulators
A recent decision out of the Alberta Court of Appeal in CNOOC Petroleum North America ULC v. ITP SA, 2024 ABCA 139, found that one company waived privilege over its investigative reports into a pipeline incident when it handed over the reports to regulators.
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May 31, 2024
SCC gives guidance on interpreting exclusion clauses, applying standards of appellate review
The Supreme Court of Canada has clarified what is required for an exclusion clause in a contract of sale to exempt the seller from an implied condition under Ontario’s Sale of Goods Act (SGA) and has also clarified what standards of appellate review apply when trial courts interpret contracts involving implied statutory conditions.
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May 31, 2024
Port Moody joins six other B.C. municipalities in ‘Sue Big Oil’ campaign to recover climate costs
The City of Port Moody, B.C., has passed a resolution in support of a proposed class action against large fossil fuel companies over the costs of preparing communities for climate change, according to a release.
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May 31, 2024
Quebec court supports limitation on Galen Weston testimony in bread price-fixing class action
In a class action lawsuit over alleged price-fixing of packaged bread, Loblaws president and executive chairman Galen Weston Jr. will not have to answer questions about an internal company investigation into the matter due to solicitor-client and litigation privilege, a Quebec Superior Court judge has ruled.
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May 31, 2024
Intentional fault: the Court of Appeal sets the record straight
On Feb. 12, the Court of Appeal of Quebec rendered a decision of interest in Société d’assurance Beneva inc. c. Bordeleau, 2024 QCCA 171 which particularly addresses the burden of proof incumbent on an insurer that denies coverage on the basis of an insured’s intentional fault in the context of a fire, and an award of damages against an insurer for breach of its duty to act in good faith.
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May 31, 2024
Courts have no jurisdiction to review matters that fall within parliamentary privilege, judges say
An Ontario court has turned back a request by a member of the provincial legislature to look at a censure motion that was brought against her due to comments she made online about the conflict between Israel and Hamas.
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May 31, 2024
True confessions; cheesy games | Marcel Strigberger
This is a good time to talk about churches and cheddar. Actually, this story is more about a priest biting a woman. But there is a cheese part, to which I shall get shortly.