Civil Litigation
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May 27, 2024
How a defamation claim survived an anti-SLAPP motion
Media organizations faced with a defamation action may seek to dismiss a claim by bringing a motion under Ontario’s anti-SLAPP legislation in s. 137.1 of the Courts of Justice Act (CJA). While such motions are generally brought at an early stage of the action and are supposed to be heard no later than 60 days after the notice of motion is filed, they may involve an adjudication of the merits of the claim and the validity of all the defences that would be addressed at trial, as demonstrated by the Ontario Superior Court of Justice’s decision in Kielburger v. Canadaland Inc., 2024 ONSC 2622.
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May 27, 2024
GAAR, financial losses and acquisition of control in Madison Pacific Properties Inc. v. The King
In late December 2023, the Tax Court of Canada handed down a lengthy judgment focused on the application of the general anti-avoidance rule (GAAR). GAAR decisions are relatively few and in Madison Pacific Properties Inc. v. The King, 2023 TCC 180 the Tax Court provides further clarification regarding its application.
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May 27, 2024
Indigenous Peoples’ Court welcome addition to city of Sudbury | Michael Michel
On May 2, 2024, Sudbury, Ont., became home to the 20th Indigenous Peoples’ Court in the province. In a special sitting of the Ontario Court of Justice, members of local First Nations, the judiciary and various community stakeholders gathered to celebrate this momentous occasion.
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May 27, 2024
Appellate court upholds decision finding that TTC legislation breached Charter
The Ontario Court of Appeal has dismissed an appeal, upholding that labour legislation for the Toronto Transit Commission (TTC) was in breach of the Charter, despite finding that the application judge erred in some parts of the analysis. One appellate court judge dissented and would allow the appeal.
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May 27, 2024
CIVIL PROCEDURE — Parties — Third party procedure notice
Appeal by appellant from an order granting Chohan Respondents leave to file third party notice (“TPN”) against appellant for intentional interference with economic relations, on grounds that TPN did not properly plead a reasonable cause of action and failed to plead any material facts to support that claim.
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May 27, 2024
New associate joins Henein Hutchison Robitaille
A recent news release announced the addition of Sarina Nezhadian as an associate at Henein Hutchison Robitaille LLP. Practising primarily civil litigation, Nezhadian will also be focusing on criminal and regulatory matters at the firm.
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May 24, 2024
SCC rules on privacy limits, pre-screening of ‘other sexual activity’ evidence in sex assault cases
The Supreme Court of Canada has cautioned reviewing courts against imposing overly expansive privacy restrictions in appeals concerning the admissibility in sexual assault trials of evidence of complainants’ “other sexual activity” while also giving guidance on the appropriate use of such evidence for context and credibility purposes.
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May 24, 2024
Alberta court bans non-lawyer from involvement in litigation as third party
In a bid to help quell a growing problem, the Alberta Court of King’s Bench has prohibited an individual who repeatedly participated in litigation as a third party from participating in any litigation activity before the court unless she is a party herself.
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May 24, 2024
B.C. Supreme Court rules in favour of province on transition to municipal police force in Surrey
The Supreme Court of British Columbia has sided with the province in its push to create a municipal police force in the Metro Vancouver city of Surrey and end its longstanding policing contract with the RCMP.
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May 24, 2024
Ontario Convocation talks criminal charge disclosure, heats up over bullying, money for diversity
A committee with Ontario’s law society is considering recommending that the regulator expand the amount of lawyer information it makes public — including if a member has been hit with criminal charges.