Civil Litigation
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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.
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November 05, 2024
B.C. Court of Appeal rules forum selection clause in property deal was not binding due to wording
The British Columbia Court of Appeal has allowed an appeal in a case where a forum selection clause gave Alberta courts jurisdiction on matters arising from a property purchase agreement. The court discussed the usage of the terms “submit” and “attorn” in such clauses, ruling the chambers judge erred in interpreting the agreement.
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November 05, 2024
The boundaries of privilege and confidentiality in arbitration and related proceedings
The delicate balance between transparency and confidentiality often conflicts in the context of legal discovery. While privilege is essential for the effective administration of our justice system by protecting sensitive information and fostering open communication between counsel and clients, its application to specific documents can be murky (Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52). This is particularly true for dispute resolution proceedings and their respective pleadings.
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November 05, 2024
Lawyers talk pathways to spousal separation in Manitoba webinar
There are options for parting spouses wanting to allay the emotional and financial toll of separation and divorce, said experts at a recent legal conference.
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November 05, 2024
An accounting of profits for passing off
After a long and convoluted history of litigation between the parties, the Federal Court of Appeal granted an accounting of profits to the applicant for passing off by the defendant. The profits were to be determined by way of a reference. In keeping with the history, the refence was hotly contested (Group III International Ltd. v. Travelway Group International Ltd., 2024 FC 119).