Civil Litigation
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August 20, 2025
Saskatchewan cannot use notwithstanding clause to ‘shut’ courts out of Charter ‘conversation’: lawyer
Pre-emptively invoking the notwithstanding clause does not bar the courts from still making it known whether laws brought via the clause infringe on people’s rights, says a lawyer of a landmark case involving Saskatchewan’s controversial pronoun policy.
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August 20, 2025
Reasons underlying a court order are an important interpretive tool
It is trite law that an appeal is from an order made by a lower court; however, in Der v. Hlookoff, 2025 BCCA 193, the British Columbia Court of Appeal considered the role of reasons for judgment in interpreting a court order.
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August 20, 2025
Settlement of $59M reached in Ontario correctional facilities lockdowns class actions
A proposed settlement of $59 million has been reached in Ontario class actions relating to lockdowns in correctional facilities due to alleged lack of staff, providing each eligible claimant with between $2,000 and $68,000 in compensation if approved.
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August 20, 2025
Federal Court imposes prison terms for contempt by father and son in IPTV piracy case
The Federal Court has sentenced a father and son, central figures behind an unauthorized IPTV service, to prison terms of at least four and six months, respectively, for contempt of a Federal Court Anton Piller order, with both facing up to nearly five years in prison if they fail to cure their contempt.
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August 20, 2025
Saskatchewan court: ‘Notwithstanding’ clause doesn’t oust judicial review jurisdiction
Next year, the Supreme Court of Canada will finally determine the proper interpretation of s. 33, also known as the “notwithstanding” clause, of the Canadian Charter of Rights and Freedoms (Charter). More recently, the Court of Appeal for Saskatchewan (SKCA) released a significant decision also interpreting s. 33.
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August 20, 2025
A directive from the Federal Court of Appeal
The Federal Court of Appeal has firmly stated the law concerning the standard of review on appeals to it, the liability of directors and shareholders for corporate liability and awarding damages where the extent of infringement and the harm it caused is difficult to establish (Patel v. DermaSpark Products Inc., 2025 FCA 145).
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August 19, 2025
Ministers from territories plan for gender equality
Ministers from Canada’s northern territories are working to develop a “memorandum of understanding” in formalizing shared priorities on gender equity.
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August 19, 2025
Ontario court to hear climate change constitutional challenge in December
The stage has been set for the next step in the long-simmering court battle over the constitutionality of Ontario’s climate change target. Seven young climate activists will return to the Ontario Superior Court at the beginning of December to argue that their equality rights and right to life, liberty and security of the person under the Charter have been violated by Ontario’s greenhouse gas (GHG) reduction target, and the province’s plan to reach that target.
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August 19, 2025
Court denies stay in securities case concerning privileged documents
The British Columbia Court of Appeal has denied a stay of proceedings sought by an appellant challenging the British Columbia Securities Commission (BCSC)’s jurisdiction over privileged communications in a case that it brought against him.
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August 18, 2025
REGISTRATION OF DOCUMENTS - Lis pendens or certificates of pending litigation
Appeal by appellant from chambers judge’s order to discharge certificate of lis pendens. The chambers judge issued an order directing the discharge of an amended certificate of lis pendens (CLP) registered against three residential properties.