Civil Litigation
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November 07, 2024
Trudeau government falling behind in protecting at-risk animal and plant species: federal watchdog
Working at its current glacial pace, the resource-starved independent committee of experts, tasked by law with making the species-at-risk status assessments and reassessments needed to protect and restore endangered species, will take almost 30 years to assess the currently most vulnerable species and more than a century to assess those that are potentially at risk of disappearing, warns a new report from Canada’s Commissioner of the Environment and Sustainable Development.
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November 07, 2024
NWT child protection report lacks detail, mention of alcohol abuse: lawyer
A recent report flagging the large number of Indigenous children in the Northwest Territories child protection system fails to give detailed reasons why they are placed in care — and does not address the role alcoholism plays in the problem, says a local lawyer.
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November 07, 2024
Court order obtained against legal software maker Dye & Durham as part of competition probe
The federal Competition Bureau has obtained a court order to advance an investigation into whether Toronto-based legal and business software provider Dye & Durham is engaging in conduct contrary to the restrictive trade practices provisions of the Competition Act, including abuse of a dominant position.
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November 07, 2024
TikTok Canada plans legal challenge to Ottawa’s order to cease operations
The Canadian arm of popular, China-based social media platform TikTok is vowing to take legal action to block a federal government order to close its operations due to national security concerns.
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November 07, 2024
Competition Bureau seeks public input on merger guidelines update
The Competition Bureau is seeking public comment as part of its review of merger enforcement guidelines following recent changes to the Competition Act.
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November 07, 2024
Consent judgments should be analyzed according to principles of contractual interpretation: court
Ontario’s top court has ruled on the correct analytical approach to the interpretation of a consent judgment — an issue it had not weighed in on previously.
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November 07, 2024
The crisis of delays in the family court system: Justice delayed is justice denied | Steve Benmor
Timely resolution of legal disputes is not merely an ideal in family law, it is a vital necessity for families who are undergoing the traumatic process of divorce.
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November 07, 2024
No explicit oppression remedy provision in Not-for-Profit Corporations Act
In the decision York Condominium Corporation No. 76 v. 10 The Marketplace Ltd., 2024 ONSC 4305, released by the Ontario Superior Court of Justice on Aug. 1, 2024, the court examined several issues surrounding a lease amendment dispute in Toronto’s Crescent Town, including a claim of oppression.
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November 06, 2024
IRCC officer failed to come to grips with Iranian girl’s application to study in Canada: Fed. Court
The Federal Court has set aside an immigration officer’s refusal to allow a 16-year-old Iranian to come to Canada for high school, where she seeks to pursue her goal of becoming a professional musician — an elusive, if not impossible, dream for a girl growing up in the Islamic Republic of Iran.
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November 06, 2024
CIVIL PROCEDURE - Assessment or fixing of costs - Tariffs - Whether amount fair and reasonable
Appeal by Fraser and DLF Law Practice Inc. (Fraser) of judge’s award of lump sum costs of $20,000 in favour of MacIntosh. This appeal originated from an interlocutory motion hearing. Both parties filed interlocutory motions. Fraser sought to strike portions of two of MacIntosh's affidavits filed with the court but failed. Fraser opposed MacIntosh's motion for appointment of a case management judge and for a prohibition on Fraser attending MacIntosh's residence, including for serving documents.