Civil Litigation
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July 05, 2024
SCC-bound case challenges refusal to publicly disclose court records revealing civil case delays
Does the principle of judicial independence enable judicial leaders to veto, in their absolute discretion, the public release of court records that reveal the extent of civil trial delays in the courts they administer? Absent transparency about courts’ operational performance, is the judicial branch of government sufficiently accountable to the public for its role in managing the courts?
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July 05, 2024
Up to $6.7M settlement approved related to alleged risks and injuries from blood clot filters
A Canada-wide class action settlement has received court approval in a case related to certain inferior vena cava filter products (IVC Filter Products) that were marketed and sold by Cook (Canada) Inc., Cook Incorporated and William Cook Europe APS (Cook).
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July 05, 2024
When a wedding is not a legal marriage
In a decision by the Ontario Superior Court of Justice, the case of Anthony v. Oqunbiyi, 2023 ONSC 861, sheds light on the complexities surrounding the validity of marriages under Ontario law, particularly when religious ceremonies conflict with legal requirements.
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July 05, 2024
Serenity now! And then | Marcel Strigberger
I’m calm. Just get me a scotch ... make it a double!
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July 05, 2024
Vavilov and Chevron: Does Canada need an Administrative Procedure Act?
The recent refusal of the Canada Industrial Relations Board to follow the direction of the Minister of Labour in connection with the labour dispute involving WestJet Airlines Ltd. (WestJet) and the Airline Mechanics Fraternal Association (AMFA) highlights an ongoing flaw in the administrative law principles that govern the regulatory state in Canada.
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July 04, 2024
Disclosure found to harm national security in CSIS collection of protestor information: Court
The Federal Court has allowed a disclosure application in part relating to allegations of the national intelligence agency unlawfully collecting and spreading information about groups protesting the Northern Gateway Pipeline.
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July 04, 2024
Ontario court: Limited partners can sue general partners for breach of agreement, LPA
The Ontario Court of Appeal has held that limited partners have standing to directly sue the general partner in the event of a breach of the limited partnership agreement and the Limited Partnerships Act (LPA).
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July 04, 2024
B.C. Court of Appeal overturns ruling that invalidated provincial resolution on judicial salaries
B.C.’s top court has ruled that a lower court judge failed to give proper deference to the provincial government when she overturned a resolution from the B.C. legislature on remuneration for provincial court judges and judicial justices.
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July 03, 2024
B.C. firm and former CEO agree to pay $493,457 for investor protection failures
A financial services firm and its former CEO have agreed to pay $493,457 as part of a settlement agreement with the B.C. Securities Commission (BCSC) for failing to comply with several investor protection requirements, according to a release.
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July 03, 2024
Can I force the sale of the jointly owned matrimonial home?
Upon the dissolution of a marriage, the disposition of the matrimonial home is frequently a point of legal contention. Ontario’s legal framework provides mechanisms for the forced sale of jointly owned property, particularly through ss. 2 and 3 of the Partition Act. These sections articulate the conditions under which any interested party may compel or be compelled to partition or sell land in Ontario.