Civil Litigation
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November 11, 2024
9 articling students return to Lenczner Slaght as associates
Recent news releases from Lenczner Slaght announced the addition of Derek Hooper, Liza Leshchynska, Herschel Chaiet, Jennah Khaled, Mackenzie Faulkner, Alec Verch, Adam Davis, Madeleine Andrew-Gee and Alex Tuccillo as associates. All nine previously summered and articled for the firm.
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November 11, 2024
The danger of not signing a settlement document | Stuart Rudner
While much has changed since I began practicing in 1999, and even since I started mediating employment law matters over a decade ago, the advice from my first mentor remains true: “Never leave a mediation until the settlement documents are fully executed (unless there was no settlement).”
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November 11, 2024
Estate freezes and resulting litigation issues
In my recent article “Estate freezes: An icebreaker,” I discussed how an estate freeze can be used to “lock in” the value of a family business’ shares at a given point in time and pass on the growth of that business to the business owner’s children. I briefly touched on some of the potential pitfalls that can complicate the execution and maintenance of an estate freeze. One of these complications — and the source of much of the litigation surrounding estate freezes — is the availability of the oppression remedy to the company’s shareholders.
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.
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November 08, 2024
Consultation on freedom of expression at Alberta regulatory bodies driven by politics: observers
The Alberta government has launched a consultation as it considers bringing in legislation aimed at protecting what the province described as freedom of expression at regulatory bodies, but a number of legal observers say the review is being driven by politics rather than serious concerns about what regulators are doing.
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November 08, 2024
FCA dismisses appeal regarding ministerial order related to PEI potato wart infestation
The Federal Court of Appeal has dismissed an appeal related to the judicial review of an order declaring Prince Edward Island as “a place infested with potato wart” and prohibiting the movement of the province’s seed potatoes without written authorization from an inspector.
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November 08, 2024
CONSTITUTIONAL PROCEEDINGS - Appeals and judicial review - Amendment or rescinding of decision - Jurisdiction to review
Appeal by appellants from the dismissal of their defamation action on the ground that the motion judge erred in her application of s. 137.1(4)(a) and (b) of the Courts of Justice Act ("CJA") in dismissing the appellants' action. The appellants operated a cat rescue, rehabilitation and adoption service in Ontario. They initiated a defamation action against the respondents and others for negative posts and associated comments about them on the Facebook group "Helping Pets in Need" ("HPIN Group").
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November 08, 2024
Lerners welcomes 6 new associates in London
Recent news releases from Lerners LLP announced the addition of Greg Woodward, Kevin Wilbee, Emily Woods, Orion Boverhof, Megan Linaric and Daniele Sing as associates in the firm’s London offices.
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November 08, 2024
Success in family law | Gary Joseph
Following lessons learned from my dear former mentor, the late James C. MacDonald Q.C., at this late stage in my career, I happily embrace the extreme compliment of a request to mentor. This present aspect of my practice has proven almost (I say almost) as satisfying as a successful presentation of a difficult trial or appeal.
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November 06, 2024
Police-reported sexual assaults went up, but charges, convictions & custodial sentences went down
Sexual assaults reported to police went up from 2015 to 2019, but such offences were less likely to result in charges, court proceedings, convictions or jail time than in the previous five-year period, Statistics Canada reports.