Civil Litigation
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November 13, 2024
Pros and cons of using a parenting co-ordinator
Family lawyers today are constantly looking for alternative methods to achieve resolution. To borrow a phrase from our politicians, there are now many “tools in the toolbox” to assist us. Not quite so some 47 years ago, but things have certainly improved over time (there I said it, something is better today than when I started to practise).
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November 13, 2024
Lessons in the law of contracts: The meeting of the minds
The law of contracts is comprised of many important legal principles. One of those principles is that in order to have a valid and enforceable contract the parties must be ad idem. In other words, there must be a meeting of the minds about the essential terms of the contract. In the absence of a meeting of the minds, an alleged agreement between the parties is unenforceable.
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November 12, 2024
B.C. Court of Appeal upholds $1.5M damages order in defamation dispute involving competing firms
The British Columbia Court of Appeal has dismissed an appeal in a case where a company was involved in a defamation campaign against a competitor and damages of $1.5 million were ordered. Counsel for the respondents Roger McConchie said it was “the most complex defamation case” he has ever handled.
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November 12, 2024
Federal government orders binding arbitration to end labour disputes at key ports
The federal government has ordered an end to work stoppages at ports in British Columbia and Quebec through the imposition of final binding arbitration to resolve ongoing labour disputes affecting the daily movement of goods worth over $1.3 billion.
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November 12, 2024
New judicial appointments announced in British Columbia
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Geoffrey B. Gomery as a justice of appeal of the Court of Appeal for British Columbia and Elin Sigurdson as a judge of the Supreme Court of British Columbia, a Nov. 12 news release announced.
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November 12, 2024
Hearing on anti-SLAPP motion not a minitrial on merits of a claim: Ontario Court of Appeal
Ontario’s top court has once again weighed in on the province’s oft-litigated law aimed at preventing strategic lawsuits against public participation (SLAPPs), allowing a suit from a retired schoolteacher against a school board chair she claims defamed her to continue.
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November 12, 2024
Passing off by the elements
A decision of the Ontario Supreme Court clarifies what is required to obtain an interlocutory injunction and shows the risks of not complying with those requirements (Biosteel Inc. v. Cizzle Brands Ltd., 2024 ONSC 5515).
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November 11, 2024
Study finds widespread racism targeting Black executives in federal public service
A majority of Black executives in the federal public service (FPS) have faced direct workplace harassment or intimidation, according to interviews of Black leaders conducted as part of a study commissioned by the Black Executive Network.
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November 11, 2024
Court certifies class action related to Vancouver fire that killed 2, displaced 70
The British Columbia Supreme Court has certified a class action arising from a 2022 fire at a hotel housing vulnerable residents in Vancouver’s Downtown Eastside for negligence and occupier’s liability claims.
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November 11, 2024
Ontario court grants Sandvine stay under CCAA amid restructuring efforts
Sandvine Corp., once a Waterloo Region tech sector success story, has been granted a stay of proceedings under the Companies’ Creditors Arrangement Act (CCAA) to allow stabilization of its operations and to preserve its value while it undergoes restructuring.