Civil Litigation
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November 04, 2024
Fed. Ct. judges take to YouTube to address bar’s & litigants’ non-disclosure of gen-AI court filings
Knowing that at least some (if not how many) lawyers and self-represented litigants are failing to disclose their use of ChatGPT or other generative artificial intelligence (AI) tools when they create content for documents filed in Federal Court, the national trial court has taken the novel step of posting YouTube videos, titled “Compliance with the Notice on the Use of Artificial Intelligence,” featuring judges who explain how to comply with the mandatory AI-use disclosure obligations the court imposed 10 months ago.
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November 04, 2024
Alberta Bill of Rights amendments confirm that rights are subject to limits, not absolute: law prof
Alberta legislators are considering an expansion of the province’s bill of rights to include protections against forced medical treatment and expropriation of land, but legal experts are saying the ultimate impact of the changes is likely not as strong as some might think.
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November 04, 2024
Succession Law Reform Act: Substantial compliance
Imagine being able to prove that a handwritten note in your notebook could be your last will and testament. That is exactly what the newest Ontario concept in estates law, “substantial compliance,” strives to do.
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November 04, 2024
CIVIL PROCEDURE - Appeals - Misapprehension of or failure to consider evidence - Injunctions
Appeal by appellants from trial judge's dismissal of their claims and refusal of injunction sought. The case involved a dispute between the parties over the use and maintenance of a shared well located partly on each party's land. The conflict escalated over the years, with the appellants accusing the respondents of invading their privacy and seeking an injunction to prevent the respondents from recording their activities or entering their property.
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November 04, 2024
GST/HST, CRA and weight loss surgery in Mexico
Media reports suggest more Canadians are seeking medical services outside of Canada, sometimes referred to as “medical tourism.” A common reason people travel for health-care services is weight loss. A popular medical technique for weight loss is bariatric surgery, which includes reducing the size of the stomach. Costs for the surgery at private clinics can exceed $25,000.
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November 04, 2024
‘Blizzard’ of liability: Dairy Queen case clarifies franchise safety, sentencing standards
In a recent case involving Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. 1222149 Ontario Ltd. (c.o.b. Dairy Queen), [2024] O.J. No. 3172, a routine workday turned into a serious workplace incident.
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November 01, 2024
OSC study finds ESG ratings influence investor decisions, but difficult to understand
An Ontario Securities Commission (OSC) study has found that environmental, social and governance (ESG) issues were among the most important factors influencing investor preferences when selecting investment funds — second only to a fund’s past performance.
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November 01, 2024
Court certifies class action against Alberta for business losses during COVID-19 closures
The Alberta Court of King’s Bench has certified a class action against the Alberta government on behalf of businesses that suffered losses caused by closures due to the COVID-19 pandemic. The action comes after a finding that the province’s health orders were ultra vires.
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November 01, 2024
Consolidation of banking complaints system is not enough, says investor advocacy group
An investor advocacy group is calling on the federal government to go beyond simply consolidating Canada’s banking complaints system and give the Ombudsman for Banking Services and Investments (OBSI) binding authority.
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November 01, 2024
Judicial council’s 1st ‘guidelines’ for AI use by judges & courts highlight risks, advise caution
The Canadian Judicial Council (CJC) is advising courts to exercise caution when using artificial intelligence (AI) tools given the potential risks, including entangling the judiciary in “legal complexities,” such as the infringement of copyright or violation of privacy laws.