Civil Litigation
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March 03, 2025
No duty to inform: Ontario Court confirms no obligation to notify excluded drivers
When it comes to excluded driver endorsements, the Ontario Superior Court has made one thing clear: what you don’t know can still count against you. In its recent decision in Brown et al. v Paudash et al., 2024 ONSC 2960, the Superior Court confirmed that an excluded driver endorsement remains valid even if the driver was never notified of the exclusion.
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March 03, 2025
Should the criminal standard replace the civil standard in child welfare cases? | Hodine Williams
Child welfare cases in Canada are among the most emotionally charged and legally complex areas of law, as they involve the state’s authority to intervene in family life to protect children from harm. Children’s Aid Societies (CAS) are empowered to remove children from their parents when there is evidence of abuse or neglect, but the current legal standard used in these cases — the civil standard of proof, or the “balance of probabilities”— has come under scrutiny.
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March 03, 2025
Reframing legal technology: From institutional efficiency to user-centric access to justice
Legal practitioners and courts have long anticipated the transformative potential of technology in law. From digitized case management systems to artificial intelligence-driven legal research tools, technological advancements promised efficiency, accessibility, and, ultimately, greater and more meaningful access to justice. However, despite significant investment and integration of digital tools, legal professionals and courts increasingly express skepticism about the tangible benefits of legal technology for justice and access to it.
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March 03, 2025
Shout-out to law libraries and librarians | Gary S. Joseph
I can’t tell you how important the law library at Osgoode Hall (known as the Great Library) was to me for so many years of my career. First may I say that I am smitten with what I consider to be one of the most beautiful buildings in Toronto. If you have never attended, do so. It is home to the Court of Appeal, judges’ chambers and a law library among other facilities.
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March 03, 2025
CONTRACTS - Building contracts - Breach - By contractor
Appeal by appellant from trial judgement in favour of respondent for amount owing under July 2017 Release. The appellants argued that the trial judge erred by improperly drawing an adverse inference against them to find they were liable in the amount of $100,000 on account of breach of their payment obligations.
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February 28, 2025
Proposed class action alleges Amazon Prime delivery delays in Quebec following warehouse closures
A proposed class action has been launched against online retailing giant Amazon over alleged Amazon Prime delivery delays in Quebec following the company's closure of its seven warehouses in the province.
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February 28, 2025
Nova Scotia court approves $2.1 million settlement in Dell data breach class action
A Halifax law firm has announced court approval of a $2.1 million settlement in a class action lawsuit against computer giant Dell Canada and parent Dell USA over a 2018 data breach.
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February 28, 2025
Nova Scotia planning update of human rights commission
Nova Scotia’s government is planning an upgrade of the province’s human rights commission in a bid to make it more accessible and “responsive” to the public.
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February 28, 2025
SCC rules Métis Nation’s pursuit of overlapping lawsuits against Saskatchewan not abuse of process
The Supreme Court of Canada has affirmed 9-0 that a legal challenge by the Métis Nation–Saskatchewan to provincial permits that allow a company to explore for uranium on land to which the Métis claim Aboriginal title in Saskatchewan is not an abuse of process and may go ahead, notwithstanding that the Métis have also launched other lawsuits involving similar issues against the province.
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February 28, 2025
What is the meaning of ‘spouse’? Federal Court of Appeal provides clarity
The definition of “spouse” for the purposes of s. 160 is clarified by the Federal Court of Appeal in Enns v. Canada, 2025 FCA 14.