Civil Litigation
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June 27, 2024
New associate joins McCarthy Hansen & Company
A recent news release from Toronto-based law firm McCarthy Hansen & Company LLP announced the addition of associate lawyer Candace Santaguida.
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June 26, 2024
B.C. Appeal Court upholds certification of class action over alleged computer part price-fixing
The B.C. Court of Appeal has upheld the certification of a class action involving allegations of price-fixing for a hard disk drive (HDD) component, dismissing claims that the court did not have jurisdiction as the alleged conspiracy was based on agreements outside Canada.
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June 26, 2024
Tax Court rules no abuse in non-CCPC plan
On May 9, the Tax Court of Canada released the much-anticipated decision in DAC Investment Holdings Inc. v. The King, 2024 TCC 63 (DAC). The decision is the first judicial ruling on whether a corporate continuance effected in order to exit the Canadian-controlled private corporation (CCPC) tax regime constitutes abusive tax planning.
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June 26, 2024
Competence-competence doctrine | Esther Carenza
The Competence-Competence doctrine is seen in international commercial contracts governed under the International Commercial Arbitration Act S.O., 2017 c 2 Sch 5., which is now cemented in a Canadian contract.
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June 26, 2024
New public trustee announced for Northwest Territories
R.J. Simpson, the Northwest Territories minister of Justice, announced the appointment of Erin Wagner as the new public trustee of the Northwest Territories. According to a June 25 news release, Wagner’s appointment was effective June 17, 2024.
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June 25, 2024
Alberta Court of Appeal again rejects injunction on $117M letter of credit in pipeline contract
The Alberta Court of Appeal has dismissed an appeal concerning a dispute over a $117 million irrevocable letter of credit connected to a pipeline contract, finding that it could not stay its own previous decision allowing the letter to be called.
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June 25, 2024
Court refuses to provide state-funded counsel for parents in child protection appeal
Nova Scotia’s Children and Family Services Act provides authority for the Minister of Community Services to supervise and manage Nova Scotia’s child protection legislation and to appear in court with respect to any matter arising pursuant to the legislation. Each province in Canada has similar legislation, with Ontario’s Act for the Prevention of Cruelty to and Better Protection of Children being Canada’s first child welfare legislation, enacted in 1893.
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June 25, 2024
Gowling announces new head of litigation group
A recent news release from Gowling WLG announced that Nicolas Kluge had been appointed the new leader of the firm’s commercial litigation group in Canada.
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June 25, 2024
3 judicial appointments announced for Quebec
Minister of Justice and Attorney General of Canada Arif Virani announced in a June 25 press release three judicial appointments in Quebec: Jonathan Coulombe, Justin Roberge and Antoine Aylwin.
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June 25, 2024
DEVOLUTION OF ESTATES — Intestacy — Distribution of net estate on intestacy — Determination of beneficiaries
Application by Plaintiffs ("Parents") for procedural orders seeking a stay of Petition in favour of the Notice of Civil Claim ("Action") or a consolidation of the Petition with the Action. Application by Dhaliwal ("Reenu") for order dismissing the Action. The deceased was survived by his Parents, the plaintiffs in the case.