Civil Litigation
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November 29, 2024
SCC rules B.C. law allowing multi-Crown class action to recover opioid-related costs is valid
In a groundbreaking judgment that confirms that multi-governmental class actions that reach across provincial and territorial boundaries are possible under Canada’s constitutional structure, the Supreme Court of Canada has ruled provinces have the constitutional competence to enact multi-Crown class action legislation.
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November 29, 2024
Canadian news publishers sue OpenAI over alleged copyright infringement
A group of Canadian news publishers that includes Torstar, Postmedia, the Globe and Mail, The Canadian Press and CBC/Radio-Canada has filed a lawsuit against tech firm OpenAI, alleging that the company illegally used their news content to train its AI-based generative model, ChatGPT.
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November 29, 2024
Grupo Bimbo targets Maple Leaf Foods in $2B action over Canada Bread acquisition
Grupo Bimbo, the Mexico-based owner of Canada Bread Co. Ltd., has filed a $2 billion claim against Maple Leaf Foods for alleged fraudulent and negligent misrepresentation during the process of selling Canada Bread to the plaintiff, or restitution for unjust enrichment, in connection with a long-running controversy over alleged bread price-fixing.
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November 29, 2024
Alberta taking Ottawa to court over Impact Assessment Act for the second time
Alberta is once again taking the federal government to court over Ottawa’s legislation outlining the process for assessing the impact of resource projects.
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November 29, 2024
Federal Court certifies class action over alleged illegal interceptions of prisoner communications
The Federal Court has certified a class action against the government over allegations that the Correctional Service of Canada (CSC) illegally intercepted private communications of incarcerated people, including those protected by solicitor-client privilege.
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November 29, 2024
CONSTITUTIONAL VALIDITY OF LEGISLATION - Provincial or territorial legislation - Pith and substance
Appeal by appellants from a judgment of the British Columbia Court of Appeal which upheld a judgment dismissing appellants’ application for a declaration that s. 11 of the Opioid Damages and Health Care Costs Recovery Act (ORA) was constitutionally invalid. The appellants were pharmaceutical companies which manufactured, marketed, and distributed opioid products throughout Canada. They challenged the validity of s. 11 of the ORA.
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November 29, 2024
The future of AI and probate applications
While modern artificial intelligence (“AI”) has already proved an immensely useful tool, with IBM’s Watson serving as an early example of a natural language processor able to receive and respond to plain language inquiries in plain language with a high degree of accuracy, it has also proven to have its limitations. Newer systems, such as ChatGPT and Google Gemini, are becoming ubiquitous and, to the extent these systems are designed to be responsive to inquiries, they are limited by factors such as the clarity and precision of the questions posed to them.
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November 29, 2024
Communications with accountants are not privileged
In the course of a tax appeal, the taxpayer and the Canada Revenue Agency (CRA) have the right to inspect certain documents in the possession, control or power of the other party, provided they are relevant to any matter in question in the appeal. However, documents protected by solicitor-client privilege are exempt from this requirement. Generally, documents created by taxpayers’ accountants must be disclosed.
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November 29, 2024
LSO addresses new working groups, information on confidentiality of investigations
Ontario’s law society used its November Convocation to unveil a new working group focusing on the “long-term future” of the province’s paralegals and to codify rules around the confidentiality of information gathered in tribunal investigations.
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November 28, 2024
B.C., other defendants agree to pay $4.5M to settle 2013 Lemon Creek fuel spill class actions
Class actions related to a 2013 fuel spill in the Slocan Valley in British Columbia's West Kootenays region are nearing resolution with an agreement by the B.C. government and other defendants to pay $4.5 million to settle all related claims.