Civil Litigation
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March 26, 2025
B.C. court allows new plaintiff in proposed class action against Canadian airport authorities
The British Columbia Supreme Court has allowed an application in a proposed class action against several Canadian airports, rejecting the defendants' arguments that the proposed plaintiff was barred from bringing a claim under the Class Proceedings Act due to his residency.
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March 26, 2025
APPRAISALS - Actual cash value - Depreciated value - Umpires
Appeal by plaintiff from dismissal of her action that insurer acted in bad faith in its handling of her insurance claim. A fire occurred at the plaintiff’s residence, resulting in significant damage. The insurer insured the plaintiff under a homeowner’s policy, which provided coverage for repair/replacement costs or actual cash value (ACV), if the plaintiff repaired or replaced the damaged or destroyed building on the same location, with a building of the same occupancy constructed with materials of similar quality within a reasonable time after the damage.
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March 25, 2025
Ontario court upholds ruling, confirms signed delivery slips not conclusive in soil contract
The Ontario Superior Court has upheld a finding that a general contractor was not required to pay for soil quantities reflected on delivery slips approved by an employee because the actual deliveries did not align with the terms of the contract.
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March 25, 2025
Appeal judgment sets out parameters for community treatment orders in Ontario, lawyer says
A lawyer is calling a recent decision by Ontario’s top court on the province’s Mental Health Act a victory for people diagnosed with serious mental disorders in protecting their autonomy and decision-making rights.
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March 25, 2025
Federal emissions plan would result in average income loss for Albertans, predicts report
A new report by the Conference Board of Canada commissioned by the Alberta government is forecasting that each resident of the province would see a $3,300 drop in disposable income under the framework of the federal emissions reduction plan targeting net-zero by 2050.
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March 25, 2025
Public consultation underway on added measures to protect Canadian steel and aluminum
The federal Finance Department has launched a public consultation looking at potentially implementing additional trade measures to protect against the diversion of steel products from third countries into the Canadian market.
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March 25, 2025
Borden Ladner Gervais adds new partner
Borden Ladner Gervais LLP (BLG) has welcomed Noelle Engle-Hardy to the firm as partner in its intellectual property group.
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March 25, 2025
The Norwich Order and its role in pre-litigation discovery
Named after the 1974 decision from the House of Lords in Norwich Pharmacal Co. v. Customs and Excise Commissioners, a Norwich Order is an exceptional equitable remedy that allows a party to seek discovery from a third party ─ even before a lawsuit has been initiated. In essence, a Norwich Order enables a party contemplating litigation to seek information and documents necessary for determining whether a cause of action will be litigated or whether a cause of action even exists at all.
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March 25, 2025
Rule of law is held together by threads | Lorne Waldman
As we watch the daily news, we have been inundated with stories of the latest moves by the Trump administration to crack down on immigration.
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March 25, 2025
Time to rethink the appointment of judges | Michael Lesage
As Canada grapples with rising crime rates and declining public confidence in the administration of justice, the time has come to examine whether our traditional approach to judicial selection remains optimal. The evidence suggests that while appointments offer important protections, they must be balanced against democratic accountability and effective justice delivery. The future of Canadian justice may lie not in choosing between election and appointment, but in finding a middle path that preserves judicial excellence while ensuring courts remain responsive to society's evolving needs.