Civil Litigation
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June 21, 2024
Ontario Court overturns finding that company directors were personally liable in property dispute
The Ontario Court of Appeal has overturned a finding that the directors of two companies were personally liable for the proceeds of the sale of a property that was the subject of a joint venture dispute.
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June 21, 2024
Court of Appeal rules $730K business debt for pipeline cleanup not covered by B.C. environmental law
The British Columbia Court of Appeal has allowed an appeal in a ruling that found that the lower court judge erred in determining that a creditor’s recovery claim for environmental remediation work related to a pipeline spill involved issues to be tried, rather finding that there was no cause of action.
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June 21, 2024
Do vegan weiners pass muster? | Marcel Strigberger
I suppose you’re all wondering about Joey Chestnut? No doubt. Chestnut is the world’s fastest eating hot dog champ. He holds the Guinness record for downing 76 hot dogs in 10 minutes. Unfortunately Nathan’s Famous hot dogs has banned him from competing in the Coney Island annual July 4th contest. The reason is he apparently signed a deal with Impossible Foods, which makes vegan hot dogs. Nathan’s cites a conflict of interest, and this position is supported by, and I am not making this up, the MLE, to wit the Major League Eating organization which overseas competitive eating events.
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June 21, 2024
Settler’s remorse: Professional negligence claim against litigation lawyer dismissed
In Kiselbach v. DeFilippi, 2024 YKSC 7, the Supreme Court of Yukon dismissed a professional negligence claim against a litigation lawyer who acted for the plaintiffs in a dispute with their former U.S. business partner. While the plaintiffs’ lawyer was found to have breached the applicable standard of care in failing to advise them about a potential settlement option, the plaintiffs nevertheless failed to establish that the lawyer’s error was the legal cause of any damages.
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June 20, 2024
Airline held liable for negligent risk assessment before flying through conflict zone
On June 10, 2024, following an 18-day trial in Toronto, Justice Jasmine Akbarali of the Ontario Superior Court of Justice found that Ukraine International Airlines (UIA) failed to prove that it was “not negligent” in allowing flight PS752 to depart Tehran on Jan. 8, 2020.
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June 21, 2024
National Indigenous Peoples Day: ‘For some reason, I don’t feel lucky’ | Tony Stevenson
Today has been declared National Indigenous Peoples Day. We recognize and celebrate the history, heritage, resilience and diversity of First Nations, Inuit and Métis across Canada. Every year, numerous activities are organized across the country on June 21 to showcase the richness and diversity of First Nations, Inuit and Métis cultural expressions and stories. This holiday was given to my people in 1996 by the then-governor general Romeo Leblanc.
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June 20, 2024
CIVIL PROCEDURE — Interlocutory or final orders — Standard of review
Appeal by appellants from Designated Judge’s interlocutory orders on grounds that Designated Judge erred in concluding that a nominally privileged proffer could be subject of Canada Evidence Act (“CEA”), section 38 application. The appellants commenced an action against Al Jabri and others seeking over $5 billion in damages.
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June 20, 2024
Ontario judge tosses lawsuit seeking retraction of 1997 academic paper
A court has rebuffed an Ontario man’s attempts to have a scientific publication retract a paper published in 1997, saying the lawsuit had no chance of success because it did not disclose a complaint with respect to which the law provides a remedy.
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June 20, 2024
Ottawa lists Iran’s Islamic Revolutionary Guard Corps as a terrorist entity in Criminal Code
The Government of Canada listed the Islamic Revolutionary Guard Corps (IRGC) of Iran as a terrorist entity under the Criminal Code, effective June 19, 2024.
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June 20, 2024
How not to set up a startup
Wanakome Inc. is a Canadian corporation, and Kemel Hadad was the controlling shareholder. Wanakome applied in Canda for the trademark WANAKOME. The application was eventually opposed by the defendants (Wanakome Inc. v. Martin, 2024 FC 688).