In-House Counsel
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October 07, 2024
Ontario Court of Appeal upholds decision concluding insurer waived rights to sworn proof of loss
The Ontario Court of Appeal has dismissed an insurer’s appeal finding that it waived its right to a sworn proof of loss requirement and an appraisal related to the insured’s items lost in a fire.
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October 07, 2024
Ontario man wrongfully terminated when application with Scouts was denied, judge says
An Ontario judge has ruled Scouts Canada wrongfully terminated a man when it denied his application to be a troop leader, despite having volunteered with them for decades, and a legal observer is saying the decision contains lessons that volunteer organizations should take heed of.
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October 07, 2024
Federal Court of Appeal finds approval of CN Rail intermodal container hub to be reasonable
In a boost for CN Rail, the Federal Court of Appeal has set aside a finding that federal decisions approving the construction of a CN intermodal logistics hub in Milton, Ont., were unreasonable.
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October 04, 2024
SCC affirms air passenger compensation regs are valid; expert int’l law evidence can be admissible
In an important judgment on evidence and air passenger rights, the Supreme Court of Canada has ruled 9-0 that judges have the discretion to admit expert evidence on international law so long as the threshold admissibility criteria in R. v. Mohan, [1994] 2 S.C.R. 9, are met.
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October 04, 2024
Alberta gives feds ultimatum over changes to Impact Assessment Act
Alberta has provided the federal government with a four-week deadline to remedy what it says are “unconstitutional provisions” in the Impact Assessment Act (IAA) or face a new legal challenge.
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October 04, 2024
Federal bill aimed at boosting Atlantic Canada's offshore green energy sector receives royal assent
In an expected boost to Atlantic Canada's economy, Ottawa has announced that Bill C-49, An Act to amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act has received royal assent, clearing the way for a joint management regulatory framework for the development of offshore renewable energy.
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October 04, 2024
Adverse costs awards: Class counsel’s duty to indemnify proposed representative plaintiff
In Davidson v. T.E.S. Contract Services Inc., 2024 ONSC 4362, Justice Benjamin Glustein from the Superior Court of Justice sheds light on class counsel’s duty to indemnify a proposed representative plaintiff against adverse costs awards.
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October 04, 2024
AIR TRANSPORTATION - Liability - Montreal Convention 1999 - Air Passenger Protection Regulations - Canadian Transportation Agency
Appeal by Appellants from a judgment of the Federal Court of Appeal which dismissed a challenge to the validity of regulations adopted by the Canadian Transportation Agency (Agency) except for provisions relating to the temporary loss of baggage. Following the amendment of the Canada Transportation Act (CTA), the Agency adopted the Air Passenger Protection Regulations (Regulations) which imposed certain obligations on air carriers.
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October 04, 2024
Time thieves: The clients you remember, part three | Harjot Atwal
“Time is money, and if someone is wasting your time, they are stealing from you.” — Kris Degioia
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October 03, 2024
Competition Bureau announces court orders to advance real estate probe and airline market study
The Competition Bureau has announced developments in an ongoing investigation into potential anti-competitive conduct by the Canadian Real Estate Association (CREA) and for a market study looking at competition in the domestic airline industry.