Civil Litigation
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November 19, 2024
Defamatory statements and the doctrine of absolute privilege
When representing clients in disputes, lawyers often need to write to third parties to seek information and address the nature of the allegations that are at issue. Adverse parties who were discussed in such correspondence may feel that they have grounds to pursue a claim for defamation based on the nature of the allegations, particularly if matters have yet to be determined.
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November 19, 2024
What amounts to bad faith?
There have been several recent decisions relating to bad faith by an applicant for a trademark. The Canadian Trademark Act includes bad faith as a ground of invalidity and opposition. A decision by the U.K. Supreme Court provides further clarification concerning what is required to show bad faith.
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November 18, 2024
Federal Court dismisses mass tort over Canadian Armed Forces COVID-19 vaccine mandate
The Federal Court has dismissed a mass tort claim brought by 330 current and former members of the Canadian Armed Forces (CAF) over the armed forces’ COVID-19 vaccination requirements.
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November 18, 2024
Proposed class action filed against Gap and Old Navy for alleged false discounts
A proposed national class action has been filed against Gap and Old Navy for allegedly selling their products at false discounts. The lawsuit alleges that the products that the clothing retail chains sell online are “rarely, if ever, sold at the undiscounted ‘regular price.’”
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November 18, 2024
Manitoba giving cash to help groups improve accessibility
Manitoba is giving almost $1 million to dozens of organizations and businesses in the province in a bid to further reduce barriers for those with disabilities.
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November 18, 2024
Superior Court determines COVID-19 benefits are deductible from loss-of-income award
The Ontario Superior Court of Justice has settled the debate with regard to COVID-19 benefits.
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November 18, 2024
Prosecuting civil tort claims in context of family proceedings following Ahluwalia appeal, part two
Since the Ontario Court of Appeal decision in Ahluwalia v. Ahluwalia 2023 ONCA 476, in which the creation of a new tort of family violence was rejected as unnecessary because existing torts are sufficient, there has been some uncertainty about how civil claims arising from intimate partner violence and abuse should be dealt with in the context of family law proceedings.
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November 18, 2024
2 new associates join Lenczner Slaght
Recent news releases from Lenczner Slaght announced the addition of Niema Mohammad and Ravneet Minhas as associates.
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November 18, 2024
Unnecessary tight deadlines | Gary Joseph
Increasingly I am receiving emails/correspondence, mostly from young lawyers, demanding responses with very tight deadlines. This is fully understandable when issues are urgent but when not, why practice in this manner?
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November 15, 2024
Aeroplan, TD Bank, CIBC face proposed class action over clawed-back credit card bonus points
Aeroplan, Toronto Dominion Bank (TD Bank) and the Canadian Imperial Bank of Commerce (CIBC) are facing a proposed class action over allegations they clawed back welcome bonus points from Aeroplan account holders who were given the points after they signed up for a second Aeroplan credit card.