Civil Litigation
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October 08, 2024
Reliance on artificial intelligence: Could it stymie the growth of law?
Regardless of one’s personal view of the topic, it is undeniable that artificial intelligence (AI) will impact the future of law, as it will much of the rest of society.
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October 08, 2024
Appeal decision: 10-year limitation period doesn’t apply to trust claims against estates
The Ontario Court of Appeal’s recent decision in Ingram v. Kulynych Estate, 2024 ONCA 678 settles a debate that has been brewing for several years in Ontario as to which limitation period applies to estate litigation involving real property. It is now clear that equitable trust claims against an estate are subject to the Trustee Act, R.S.O. 1990, c. T.23 and the two-year limitation period in ss. 38(3), unless specifically exempted.
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October 07, 2024
Ontario Court of Appeal upholds decision concluding insurer waived rights to sworn proof of loss
The Ontario Court of Appeal has dismissed an insurer’s appeal finding that it waived its right to a sworn proof of loss requirement and an appraisal related to the insured’s items lost in a fire.
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October 07, 2024
Ontario man wrongfully terminated when application with Scouts was denied, judge says
An Ontario judge has ruled Scouts Canada wrongfully terminated a man when it denied his application to be a troop leader, despite having volunteered with them for decades, and a legal observer is saying the decision contains lessons that volunteer organizations should take heed of.
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October 07, 2024
Federal Court of Appeal finds approval of CN Rail intermodal container hub to be reasonable
In a boost for CN Rail, the Federal Court of Appeal has set aside a finding that federal decisions approving the construction of a CN intermodal logistics hub in Milton, Ont., were unreasonable.
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October 07, 2024
3 new associates join Dickinson Wright in Toronto
Dickinson Wright LLP recently announced the addition of Sabrina Fracassi, Talya Bertler and Zachary Cooper as associates in the firm’s Toronto offices.
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October 07, 2024
Copyright infringement relating to the photographs of Vivian Maier
A decision of the Federal Court raises interesting issues relating to a claim for copyright infringement. The claim concerned photographs taken by the late Vivian Maier, an unknown photographer during her lifetime but whose works acquired fame posthumously (Maier Estate v. Bulger, 2024 FC 1267).
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October 04, 2024
SCC affirms air passenger compensation regs are valid; expert int’l law evidence can be admissible
In an important judgment on evidence and air passenger rights, the Supreme Court of Canada has ruled 9-0 that judges have the discretion to admit expert evidence on international law so long as the threshold admissibility criteria in R. v. Mohan, [1994] 2 S.C.R. 9, are met.
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October 04, 2024
Yukon tables traffic bill with harsher penalties for impaired drivers
In a bid to bring greater safety to its highways, Yukon’s government is proposing new traffic legislation that would toughen punishments for reckless and impaired drivers.
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October 04, 2024
Alberta gives feds ultimatum over changes to Impact Assessment Act
Alberta has provided the federal government with a four-week deadline to remedy what it says are “unconstitutional provisions” in the Impact Assessment Act (IAA) or face a new legal challenge.