Civil Litigation
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April 29, 2025
No bias shown toward dad with disability in child relocation case: Appeal Court
A New Brunswick court dismissing a disabled father’s attempt to stop his ex-wife from moving away with their young son further bolsters the principle of doing what is best for the child, says the mother’s lawyer.
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April 29, 2025
Ontario Trial Lawyers Association concerned about pace, recommendations of civil rules review
The Ontario Trial Lawyers Association (OTLA) is raising alarm bells about a recent report from a task force recommending a sweeping overhaul of the province’s civil rules, with the organization’s president-elect saying many of the recommendations and the pace of the consultation process itself are problematic.
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April 29, 2025
Close relationship: A novel approach to rebutting presumption of resulting trust
It is well-established in Canada that equity presumes bargains, not gifts. The Supreme Court of Canada’s seminal decision in Pecore v. Pecore, 2007 SCC 17 confirms that this principle even extends to gratuitous property transfers from parents to their own adult children.
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April 29, 2025
Ontario Court of Appeal clarifies interpretation of a ‘continuous act or omission’
In the recent Ontario Court of Appeal decision of Huether v. Sharpe, [2025] O.J. No. 802, the court overturned the lower court’s ruling and clarified the interpretation of a “continuous act or omission” under s. 15(6)(a) of the Limitations Act. This section provides an exception to the 15-year ultimate limitation period contained in s. 15(2).
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April 28, 2025
Canadian International Trade Tribunal to probe steel wire dumping allegations
The Canadian International Trade Tribunal has initiated a preliminary injury inquiry into allegations that certain carbon or alloy steel wire originating in a number of countries including China, Taiwan, India and Italy are being sold in Canada at unfair prices.
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April 28, 2025
Court rejects minority shareholder’s veto claim after bedroom breakdown leads to boardroom battle
The Alberta Court of King’s Bench has rejected the validity of an alleged agreement that purported to give a minority shareholder veto power over her removal from the board, finding that the signature of the majority shareholder on the document was not authentic.
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April 28, 2025
Alberta Court of Appeal upholds $35M award for Calgary Co-op in loyalty program dispute
The Alberta Court of Appeal has upheld a lower court decision ordering Saskatoon-based Federated Co-operatives Ltd. to pay former member store Calgary Co-op $35 million for implementing a loyalty program that the appeal court ruled essentially punished the Calgary store. The decision was heavily dissented by Justice Frans Slatter.
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April 28, 2025
Ontario family ruling ‘extremely important’ with ‘far-ranging’ implications, lawyer says
In a ruling being described as important and having significant implications, Ontario’s top court has given clarification on the interplay between provincial family law and federal refugee law in cases involving allegations of a child’s wrongful detention in Canada.
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April 28, 2025
TRUSTS - Creation - Presumed resulting trusts
Appeal by appellant Diane Wilkinson from chambers judge’s order dismissing her trust claims as statute barred under Limitation Act.
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April 28, 2025
FOR TORTS - Affecting the person - Defamation - Method of publication - Internet
Appeal by Neufeld from an order finding him liable in defamation to Bondar and awarding $45,000 in general and punitive damages on grounds that judge erred in concluding that impugned words were defamatory and erred in awarding more than nominal and punitive damages.