Civil Litigation
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July 09, 2024
Muslim charity’s Charter case against CRA stalls again in wake of Ontario Court of Appeal ruling
A lawsuit launched by the Muslim Association of Canada (MAC) against the Canada Revenue Agency (CRA) claiming that an extensive CRA audit violated the religious nonprofit’s Charter rights will remain on hold following a decision by the Ontario Court of Appeal.
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July 09, 2024
Navigating legal privilege in cyber incident response: Lessons from the LifeLabs data breach
The limits of client-solicitor and litigation privilege over internal reports and expert evaluations conducted in the wake of a cybersecurity incident were considered by the Divisional Court of the Ontario Superior Court of Justice in LifeLabs LP v Information and Privacy Commr. (Ontario) 2024 ONSC 2194.
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July 09, 2024
Pallett Valo grows litigation practice with new hire
Lucas Savini joined the litigation practice at Pallett Valo LLP, a recent news release from the firm announced.
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July 08, 2024
B.C. Court of Appeal upholds Privacy Act claims against Capital One in certifying class action
The B.C. Court of Appeal has upheld the certification of a class action against financial services giant Capital One over a 2019 data breach that affected six million Canadians, ruling that it was not plain and obvious that Privacy Act claims against the company as a data custodian were bound to fail.
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July 08, 2024
No hablamos CaseLines? | Steve Benmor
If you practise law in Ontario, you are not required to speak a foreign language; as long as you can communicate in English, you should be fine.
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July 08, 2024
Call for change: Alberta court identifies need for new rules for appeals of applications judges
The Court of King’s Bench, in Lesenko v. Wild Rose Ready Mix Ltd., 2024 ABKB 333, has sent a clear message to the Rules of Court Committee and the Alberta Court of Appeal about the need for new standard-of-review rules for appeals of applications judges.
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July 08, 2024
Importance of being the first to use a trademark
A recent decision of the Federal Court illustrates the importance of being the first to use a trademark (F.I.A.L. Finanziaria Industrie Alto Lario, S.P.A. v. Galperti SRL, 2024 FC 976).
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July 08, 2024
Manitoba regulator running mental wellness challenge for lawyers
The new president of Manitoba’s law society is hoping an ongoing “wellness challenge” for lawyers will put them on the path to minding their mental health while at work. The Law Society of Manitoba’s (LSM) Wellness Challenge 2024, the first of its kind by the regulator, is a voluntary project where participants engage in various wellness activities over an eight-week period. The activities, grouped into two-week slots, began June 17 and will run through to Aug. 9.
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July 08, 2024
Recent immigration decision shows importance of international obligations
In Setirekli v. Canada (Public Safety and Emergency Preparedness), 2024 FC 615, the Federal Court provides guidance on the practical implications of Canada’s international obligations in an immigration decision-making context. In this article, we will take a closer look at the Federal Court’s analysis in this regard and outline some key takeaways for immigration practitioners and decision-makers.
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July 08, 2024
CIVIL PROCEDURE — Canadian Charter of Rights and Freedoms — Appeals
Appeal by appellants from dismissal of their constitutional challenge to an order of Alberta’s Chief Medical Officer of Health (CMOH) ending mandatory masking in schools and to statement of Alberta’s Minister of Education (Minister) restricting school boards' masking authority.