Civil Litigation
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October 09, 2024
With strike, court actions ended, McGill law profs, university go to arbitration
A “new path forward” has been forged between McGill University and its unionized law professors through a memorandum of understanding that ends both a faculty strike and the school’s legal challenge to the union’s existence.
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October 09, 2024
Cross-border litigator joins Hodgson Russ as partner
Hodgson Russ LLP recently announced the addition of Jennifer E. Brevorka as a partner in the firm’s Canada-U.S. cross-border litigation practices.
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October 09, 2024
Personal injury lawyers ask SCC not to make it harder for clients to sue foreign defendants
When can people injured abroad sue in Canadian courts? Does the presumption of innocence apply in non-criminal settings? When a miscarriage of justice occurs, what is the scope of an appeal court’s power to acquit when setting aside a guilty plea? These are some of the questions raised by appeals slated for the Supreme Court of Canada’s new fall session as counsel began making their arguments this week in a court building with stepped-up exterior security features, such as an imposing barricade of large cement planters.
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October 08, 2024
Federal Court of Appeal patent ruling affirms infringement liability may extend beyond Canada
Montreal-based Angelcare Group is savouring the sweet smell of success again in its fight to protect patents on a product designed to avoid the unpleasant odour of a dirty diaper.
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October 08, 2024
Drug offences dominate PPSC caseload, accounting for 71 per cent of files in 2023-24
Drug-related offences continued to dominate the caseload of the Public Prosecution Service of Canada (PPSC) in 2023-24, accounting for 71.2 per cent of files the service worked on, according to the PPSC Annual Report.
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October 08, 2024
The cost of access to justice
In Ontario, the rising cost of accessing the justice system is paid in two ways: time and money. So just how bad is it? And what are creative lawyers and judges doing to address the issue?
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October 08, 2024
2 Polley Faith articling students return as associates
Polley Faith LLP recently announced that articling students Yuliya Mykhaylychenko and Zachary Rosen had returned to the firm as associates.
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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.