Civil Litigation
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June 11, 2025
Judicial scarcity and Civil Rules Review: We can’t get there from here without more judges
The Civil Rules Review Phase 2 (CRR) states: “There is consensus that the problem of access to timely and affordable civil justice has only gotten worse since Hryniak, particularly following the Supreme Court’s decision in R. v. Jordan” (Hryniak v. Mauldin, [2014] 1 S.C.R. 87; R. v. Jordan, [2016] 1 S.C.R. 631).
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June 11, 2025
Questions regarding taxable versus exempt supplies put to rest in Medsleep decision
As per the lengthy decision of the Tax Court of Canada in Medsleep Inc. v. The King, 2025 TCC 70 (Medsleep), the Canada Revenue Agency (CRA) unsuccessfully attempted to recharacterize a GST/HST-exempt supply into a partially non-exempt supply, thereby increasing the tax owing.
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June 10, 2025
Canada’s top judge declares ‘in this country, the rule of law is non-negotiable’
Lawyers, as officers of the court, have a professional “responsibility and obligation” to defend the rule of law and the independence of the bar and judiciary against attacks, Chief Justice of Canada Richard Wagner said at his annual news conference in Ottawa.
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June 10, 2025
N.W.T. court stays legal proceedings in favour of arbitration, despite unsigned contract
A Northwest Territories Supreme Court judge has sent a construction dispute involving the Inuit land settlement authority to arbitration, even though the contract stipulating arbitration was never signed.
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June 10, 2025
Court dismisses leave to amend in case by Tim Hortons franchisees
The British Columbia Supreme Court has dismissed a leave application in a case involving a Tim Hortons franchise because proposed amendments were poorly drafted.
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June 10, 2025
Ontario Court of Appeal to decide worker liability for safety violations without direct fault
Ontario’s top court has agreed to hear an appeal over whether a worker can be held liable for safety violations under the Occupational Health and Safety Act (OHSA) in relation to an accident, even where there is no evidence that their own actions caused the accident.
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June 10, 2025
Quebec ordered to pay $164 million for Charter breach in class action suit
The Quebec government has been ordered by Superior Court to pay a staggering $164 million in compensatory damages, plus interest, for knowingly violating the rights of thousands of individuals who were arrested and illegally detained for a longer period of time than permitted by the Criminal Code prior to appearing before a justice of the peace.
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June 10, 2025
N.L. construction companies getting help with employee health, safety, recruitment
Newfoundland and Labrador is launching a new digital project aimed at providing more effective health and safety training to small construction companies in the province.
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June 10, 2025
Competition Bureau sues DoorDash for alleged drip pricing
The Competition Bureau is suing DoorDash Inc., and its subsidiary DoorDash Technologies Canada Inc., for “promoting their online delivery services at a lower price than what consumers actually have to pay.”
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June 10, 2025
INTERPRETATION - Need for ambiguity - Ordinary meaning - Custom - Surrounding circumstances - Commercial reasonableness
Appeal by appellant RMC Construction Materials Ltd. (RMC) concerning the interpretation of an agreement between it and RBee Aggregate Consulting Ltd. (RBee).