Civil Litigation
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February 26, 2025
A complicated analysis: Tracing excluded property into co-mingled family property
Family law cases often involve an exercise of tracing to determine the value of excluded property that has been co-mingled with divisible family property. In Mills v. O’Connor 2025 BCCA 34 the Court of Appeal tackles this issue, providing their analysis of the appropriate approach in the context of a difficult and complicated family property situation.
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February 26, 2025
GOVERNMENT ASSISTANCE PROGRAMS - Social assistance - Entitlement - Employment status and income - Refusal to provide assistance
Application by Applicant for judicial review of the Canadian Revenue Agency's ("CRA") two decisions finding her ineligible for the Canada Recovery Benefit ("CRB") and the Canada Emergency Response Benefit ("CERB").
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February 25, 2025
Major auto insurers face proposed class action over alleged use of flawed valuation reports
Intact Insurance, Aviva General Insurance and a number of other major automobile insurers are facing a proposed class action over their alleged use of valuation reports containing arbitrary and unlawful charges, which lowered vehicle valuations and reduced payouts for total loss accident claims.
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February 25, 2025
Court rejects disclosure application for records to be sent to U.S. in alleged fraud case
The British Columbia Supreme Court has dismissed an application for disclosure in an alleged mass-mail fraud case that led to the seizure of over 500 boxes of records.
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February 25, 2025
Ontario Court of Appeal dismisses broker’s claim for $8M fee for mining investment
The Ontario Court of Appeal has upheld the summary dismissal of a claim for an $8.1 million commission brought by a business broker, finding that it had only shared publicly available information with one of the parties five years prior to the relevant transaction.
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February 25, 2025
Feds, Northwest Territories agree on nature protection plan
Ottawa has entered into a multi-year agreement with the Northwest Territories that will see the latter work with local Indigenous governments in a bid to protect nature in the territory.
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February 25, 2025
N.S. Premier backs off amendments that could have AG fired without cause
Nova Scotia’s premier has reversed course on proposed legislative changes that would have given the government the ability to fire the province’s auditor general without cause.
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February 25, 2025
Court of Appeal removes ‘wiggle room’ from employment releases
With the uptick in terminations without cause on the rise in Canada due to economic uncertainty on the horizon, counsel settling dismissal claims must be extremely vigilant in drafting and reviewing the Minutes of Settlement, Release and Indemnity that a client signs in order to get paid.
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February 25, 2025
New partner for Burchell Wickwire Bryson LLP
Thomas Morehouse has joined the partnership at Burchell Wickwire Bryson.
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February 25, 2025
Lawyer’s victim of fake U.S. cases generated by AI-assisted research
Since graduating from law school in 1990, legal research has evolved from the use of books taken from a library shelf to the use of comprehensive electronic research tools. Today, we are also exposed to the use of AI-assisted legal research that is available either through commercial publishers or websites. As well, ChatGPT has been promoted as an AI-assisted tool that can assist in legal research.