Civil Litigation
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June 04, 2025
CIVIL EVIDENCE - Privilege - Privileged relationships - Religious communications - Waiver of privilege
Appeal by appellants from an order upholding an adjudicator’s order under the Personal Information Protection Act (PIPA) requiring the production of certain records for review.
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June 04, 2025
Group suing psychiatric hospital turning to Supreme Court for class certification
A group in Ontario looking to sue a maximum-security psychiatric hospital for its use of solitary confinement will turn to Canada’s highest court after it was found there was insufficient “common issues” between the plaintiffs to allow for a class-action lawsuit.
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June 04, 2025
Why new Carney government must make Miscarriage of Justice Commission priority
One of the tests for the new Carney government will be the speed at which it makes an important new government commission operational. Bill C-40, known as the Miscarriage of Justice Review Commission Act or David and Joyce Milgaard’s Law, was enacted on Dec. 17, 2024. This legislation established an independent Miscarriage of Justice Review Commission to replace the ministerial review process for wrongful convictions.
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June 03, 2025
Federal Court rejects default motion in skincare trademark case
The Federal Court has dismissed a motion for default judgment, despite finding that a defendant was in default, because the plaintiff did not establish ownership of a trademark related to a skincare device.
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June 03, 2025
Ontario court underscores importance of policy wording in cases with multiple insureds
In the recent decision of Surefire Dividend Capture, LP v. Berkshire Hathaway, 2025 ONCA 332, the Ontario Court of Appeal shed some light on how insurance policy language may be interpreted in cases involving multiple insureds.
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June 03, 2025
De Grandpré Chait adds two lawyers to its commercial litigation team
Montreal firm De Grandpré Chait has announced the expansion of its commercial litigation team with the addition of Andréa Laframboise as a partner and Clara Gagné-Thibault as an associate.
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June 03, 2025
Should the Ontario Superior Court eliminate civil trials?
Recognizing the Ontario Superior Court to be “arcane, expensive and plagued by delay,” the Civil Rules Working Group has proposed a grand experiment, namely eliminating discoveries and curtailing document production. In place thereof, parties would be required (as they currently are) to tell the truth and to further co-operate. However, given such requirements, and the clear mandate given to the working group to reduce cost and delay, it must be asked whether the proposed reforms go far enough, or whether the Superior Court should eliminate civil trials as well?
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June 03, 2025
First ministers commit to more domestic trade agreements, joint efforts on bail reform and drug war
In a show of unity against tariff threats from the United States and China, provincial and territorial premiers have agreed with the federal government to advance domestic trade by implementing a mutual recognition agreement covering consumer goods by December 2025.
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June 03, 2025
PLANNING AND DEVELOPMENT - Development permits - Right to obtain - Relationship to bylaws - Community Plan
Appeal by appellant Blanke against the Corporation of the District of West Vancouver regarding its issuance of development and building permits to individual respondents, David and Deborah Wolfin.
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June 03, 2025
Why inmates’ COVID-19 isolation lawsuit moves forward as class action
When I first started teaching prison law, one of my students struggled to distinguish between the terms “administrative segregation” and “punitive dissociation,” both of which are used by the Correctional Service of Canada (CSC) to isolate prisoners. The student expressed concern over the similarity of conditions: “Same bed!”