Civil Litigation
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January 23, 2025
Oh no! I won the lottery! | Michael Cochrane
A lottery win is a once in a lifetime cause for popping champagne corks right? As can be seen from the recent B.C. case (Nagar v. Mann, 2025 BCSC 38) in which a group of co-workers fought over a $2 million BC/Lotto 49 win, sadly, popping a cork is not for everyone.
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January 22, 2025
Federal Court of Appeal: RRSP transfer to widow exempt from tax debt clawback
The transfer of an RRSP from a deceased husband to his widow is not subject to a provision of the Income Tax Act allowing the Crown to collect unpaid tax debts from spouses or common-law partners, the Federal Court of Appeal has held.
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January 22, 2025
Alberta court certifies class action targeting Calgary school board over alleged abuse at school
The Alberta Court of King’s Bench has certified a class action lawsuit alleging that staff at a Calgary Board of Education (CBE) school knew and “failed to respond properly to the many disclosures of abuse” made by students against two teachers at the school.
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January 22, 2025
Ontario Court of Appeal voids Ottawa golf course agreement, opening way for redevelopment
The Ontario Court of Appeal has upheld a finding that provisions of a 1981 agreement requiring the perpetual operation of a golf course were void, clearing the path for the lands to be redeveloped.
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January 22, 2025
Domestic violence in Ontario: End of the beginning part two | Michael Cochrane
In the previous four columns I have tried to look at the scourge of domestic violence from some unusual angles, considered it an economic problem for families and society, scrutinized some ill-conceived proposed solutions and pondered ways in which we might prevent it from infecting relationships to begin with.
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January 22, 2025
Traditional values v. contemporary justice: Court varies gender-biased will that favoured son
In 2021, Ginny Lam discovered that her mother’s will significantly favoured her older brother, William Law. Yat Hei Law bequeathed $2.9 million to William and left Lam only $170,000. Lam felt that Yat Hei’s preferential treatment of William in her will was profoundly unjust. Lam successfully applied to the B.C. Supreme Court to have her mother’s will varied.
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January 21, 2025
NWT releases feedback on expanding role of dental hygienists
The Northwest Territories has released input gathered from various stakeholders on proposed changes as to how dental hygienists are regulated — changes that would include removing dentist supervision and allowing hygienists to “practice their full skill set.”
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January 21, 2025
Understanding the latest amendments to Ontario’s Family Law Act: Key changes for 2024
In 2024, significant updates were introduced to the Family Law Act through c. 28, Schedule 9, ss. 1-3, which bring notable changes to specific areas of family law. These amendments aim to simplify legal processes, enhance the enforceability of arbitration awards, and provide greater clarity in legal language. Understanding these changes is crucial not only for legal professionals but also for families navigating Ontario’s legal system.
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January 20, 2025
Medical officers’ council urges stricter vaping regulations to protect Canadian youth
Canada's Council of Chief Medical Officers of Health (CCMOH) has recommended that federal, provincial and territorial governments take steps to regulate the sale of vaping products amid concerns about a substantial rise in nicotine vaping among Canadian youth.
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January 20, 2025
Ontario Court of Appeal upholds possession order for business on First Nation land
The Ontario Court of Appeal has upheld an order granting a corporation permanent possession of a business on Wasauksing First Nation (WFN) land following a joint venture dispute, while recognizing the First Nation's authority over land use decisions.