Civil Litigation
-
October 18, 2024
Federal Court finds accounting of profits needs recalculation in passing off case
The Federal Court has determined that an accounting of profits must be recalculated in a case where passing off was established in the sales of luggage to the detriment of Switzerland-based Wenger, the maker of SwissGear luggage.
-
October 18, 2024
CIVIL PROCEDURE - Parties - Class or representative actions - Certification
Appeal by General Motors of Canada Company and General Motors LLC (“General Motors”) from Queens Bench judge’s Certification Decision on grounds that certification judge erred in determining class action was preferrable procedure for resolving common issues. Evans launched a proposed multi-jurisdictional class action against General Motors on behalf of all persons in Canada who purchased or leased a 2011 or newer Chevrolet Cruze automobile manufactured by General Motors.
-
October 18, 2024
SCC defines threshold for government liability in Charter infringement claim
On July 19, 2024, the Supreme Court of Canada (SCC) delivered its judgment in Canada (Attorney General) v. Power 2024 SCC 26 (Power), addressing a claim of damages against the federal government for enacting legislation that contravened the Canadian Charter of Rights and Freedoms (Charter).
-
October 17, 2024
Ontario's introduces legislation aimed at accelerating highway construction
The Ontario government has introduced legislation aimed at allowing the province to build highways faster by introducing 24/7 construction on priority projects, accelerating property acquisitions and streamlining utility relocations, according to an Oct. 17 government news release.
-
October 17, 2024
Ottawa seeks feedback on ‘potential’ new tools for ‘robust enforcement’ of forced labour import ban
The federal government has launched public consultations on substantial new “tools” to boost enforcement of Canada’s import prohibition on goods made with forced labour, which came into force in July 2020.
-
October 17, 2024
B.C. Court of Appeal: Covenant to insure overrides towing company’s liability for negligence
The B.C. Court of Appeal has upheld the dismissal of a claim concerning damage to a barge, ruling that the barge owner’s insurance obligation under a towing services agreement superseded the towing company's liability for damages caused by its negligence.
-
October 17, 2024
Ontario Court of Appeal orders new hearing for youth-driven climate constitutional challenge
A landmark challenge of Ontario’s climate change legislation has been given new life by the province’s top court.
-
October 17, 2024
Family law conference hears from lawyers doing things differently
A recent legal conference featured a panel of family lawyers doing things differently — including one on a mission to better educate clients and another who acts for both separating spouses.
-
October 17, 2024
The succession rights of unborn children: Children conceived posthumously
With the advancement of technology and new reproductive systems, sperm, eggs and embryos can all be frozen and used later in life. More and more people are now availing of these technologies to be able to conceive later. This would mean assisted reproductive technology can be used to conceive children after a person has passed. Therefore, in addition to posthumous birth, now there are also scenarios involving posthumous conception.
-
October 17, 2024
New chief justice appointed for B.C. supreme court
Prime Minister Justin Trudeau announced the appointment of Ronald A. Skolrood as the new chief justice of the Supreme Court of British Columbia, an Oct. 15 news release announced.