Civil Litigation
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October 10, 2024
Case yet another example of need to change Ontario anti-SLAPP law, legal observer says
Ontario’s top court has overturned a ruling that dismissed a defamation action under the province’s legislation protecting people from strategic lawsuits against public participation (SLAPPs), and a legal observer is saying the decision is yet another example of the need to bring in a new anti-SLAPP law in order to provide more clarity for the courts.
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October 10, 2024
CIVIL PROCEDURE - Parties - Class or representative actions - Certification
Appeal by Kane from dismissal of her application to have action against FCA Canada Inc. (FCA) certified as class action. FCA manufactured and distributed vehicles in Canada. Over the course of numerous years, FCA issued recall notices covering defects in many different models of vehicles that were sold in Canada. Kane had purchased one of those vehicles, was dissatisfied with the repairs, and claimed to have suffered various losses as a result.
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October 10, 2024
A reasonable decision is not a binding precedent | Sara Blake
May a tribunal change its mind after a court has found its decision to be reasonable?
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October 09, 2024
Taxpayers’ ombudsperson reports that complaints, inquiries surged as CRA resumed collection activities
The Office of the Taxpayers’ Ombudsperson (OTO) saw a 29 per cent increase in complaints and a 62 per cent increase in inquiries in 2023-24 as the Canada Revenue Agency (CRA) resumed collection activities that were put on hold during the COVID-19 pandemic.
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October 09, 2024
Appeal court upholds dismissal of action against lawyer but permits malicious prosecution claim
The Ontario Court of Appeal has upheld the dismissal of an action against a lawyer over allegations that he knowingly allowed false statements to be made in an affidavit on the basis of absolute privilege.
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October 09, 2024
Class action settlement approved in case against HSBC related to Ponzi scheme
The British Columbia Supreme Court has approved a class action settlement requiring HSBC Bank to pay up to $1.2 million to the victims of a Ponzi scheme that two of the bank's clients operated through their HSBC accounts.
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October 09, 2024
With strike, court actions ended, McGill law profs, university go to arbitration
A “new path forward” has been forged between McGill University and its unionized law professors through a memorandum of understanding that ends both a faculty strike and the school’s legal challenge to the union’s existence.
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October 09, 2024
Cross-border litigator joins Hodgson Russ as partner
Hodgson Russ LLP recently announced the addition of Jennifer E. Brevorka as a partner in the firm’s Canada-U.S. cross-border litigation practices.
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October 09, 2024
Personal injury lawyers ask SCC not to make it harder for clients to sue foreign defendants
When can people injured abroad sue in Canadian courts? Does the presumption of innocence apply in non-criminal settings? When a miscarriage of justice occurs, what is the scope of an appeal court’s power to acquit when setting aside a guilty plea? These are some of the questions raised by appeals slated for the Supreme Court of Canada’s new fall session as counsel began making their arguments this week in a court building with stepped-up exterior security features, such as an imposing barricade of large cement planters.
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October 08, 2024
Federal Court of Appeal patent ruling affirms infringement liability may extend beyond Canada
Montreal-based Angelcare Group is savouring the sweet smell of success again in its fight to protect patents on a product designed to avoid the unpleasant odour of a dirty diaper.