Civil Litigation
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November 05, 2024
B.C. Court of Appeal rules forum selection clause in property deal was not binding due to wording
The British Columbia Court of Appeal has allowed an appeal in a case where a forum selection clause gave Alberta courts jurisdiction on matters arising from a property purchase agreement. The court discussed the usage of the terms “submit” and “attorn” in such clauses, ruling the chambers judge erred in interpreting the agreement.
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November 05, 2024
The boundaries of privilege and confidentiality in arbitration and related proceedings
The delicate balance between transparency and confidentiality often conflicts in the context of legal discovery. While privilege is essential for the effective administration of our justice system by protecting sensitive information and fostering open communication between counsel and clients, its application to specific documents can be murky (Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52). This is particularly true for dispute resolution proceedings and their respective pleadings.
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November 05, 2024
Lawyers talk pathways to spousal separation in Manitoba webinar
There are options for parting spouses wanting to allay the emotional and financial toll of separation and divorce, said experts at a recent legal conference.
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November 05, 2024
An accounting of profits for passing off
After a long and convoluted history of litigation between the parties, the Federal Court of Appeal granted an accounting of profits to the applicant for passing off by the defendant. The profits were to be determined by way of a reference. In keeping with the history, the refence was hotly contested (Group III International Ltd. v. Travelway Group International Ltd., 2024 FC 119).
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November 04, 2024
Fed. Ct. judges take to YouTube to address bar’s & litigants’ non-disclosure of gen-AI court filings
Knowing that at least some (if not how many) lawyers and self-represented litigants are failing to disclose their use of ChatGPT or other generative artificial intelligence (AI) tools when they create content for documents filed in Federal Court, the national trial court has taken the novel step of posting YouTube videos, titled “Compliance with the Notice on the Use of Artificial Intelligence,” featuring judges who explain how to comply with the mandatory AI-use disclosure obligations the court imposed 10 months ago.
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November 04, 2024
Alberta Bill of Rights amendments confirm that rights are subject to limits, not absolute: law prof
Alberta legislators are considering an expansion of the province’s bill of rights to include protections against forced medical treatment and expropriation of land, but legal experts are saying the ultimate impact of the changes is likely not as strong as some might think.
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November 04, 2024
Succession Law Reform Act: Substantial compliance
Imagine being able to prove that a handwritten note in your notebook could be your last will and testament. That is exactly what the newest Ontario concept in estates law, “substantial compliance,” strives to do.
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November 04, 2024
CIVIL PROCEDURE - Appeals - Misapprehension of or failure to consider evidence - Injunctions
Appeal by appellants from trial judge's dismissal of their claims and refusal of injunction sought. The case involved a dispute between the parties over the use and maintenance of a shared well located partly on each party's land. The conflict escalated over the years, with the appellants accusing the respondents of invading their privacy and seeking an injunction to prevent the respondents from recording their activities or entering their property.
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November 04, 2024
GST/HST, CRA and weight loss surgery in Mexico
Media reports suggest more Canadians are seeking medical services outside of Canada, sometimes referred to as “medical tourism.” A common reason people travel for health-care services is weight loss. A popular medical technique for weight loss is bariatric surgery, which includes reducing the size of the stomach. Costs for the surgery at private clinics can exceed $25,000.
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November 04, 2024
‘Blizzard’ of liability: Dairy Queen case clarifies franchise safety, sentencing standards
In a recent case involving Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. 1222149 Ontario Ltd. (c.o.b. Dairy Queen), [2024] O.J. No. 3172, a routine workday turned into a serious workplace incident.