Civil Litigation
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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.
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April 25, 2025
SCC rules CRTC has no jurisdiction to decide 5G access disputes between telecoms and municipalities
In a decision that addresses the role of so-called “dynamic” statutory interpretation in cases where technology has evolved or other circumstances have changed significantly since a law was enacted, the Supreme Court of Canada has affirmed 7-2 that the CRTC does not have jurisdiction to adjudicate disputes between telecom carriers and public authorities that have refused to allow the telcos to deploy 5G small cell antennas on public property.
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April 25, 2025
B.C. Court of Appeal upholds $15,000 damages for privacy breach, without proof of further harm
The B.C. Court of Appeal has upheld $15,000 in non-pecuniary damages for each person whose privacy was breached when a rogue ICBC employee accessed the private data of 78 policyholders and sold some of it to criminals, leading to arson and shooting attacks against 13 people.
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April 25, 2025
Ontario court orders KPMG to accept $2.9-million intercompany debt claim in bankruptcy dispute
In a dispute between bankruptcy trustees involving a now-defunct Toronto-area grocery chain and its insolvent parent company, the Ontario Superior Court has ordered KPMG to accept a $2.9-million intercompany debt claim that it originally disallowed, ruling that it committed a “palpable and overriding error.”
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April 25, 2025
Three new associates join Cox & Palmer in Halifax
Cox & Palmer has added three new associates at its Halifax office: Michael Conway, Emma Goulden and Michelle Lahey.
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April 25, 2025
Negotiating commercial contracts: Is there a duty of good faith?
When negotiating a business contract, the idea that the parties have a positive obligation to do so in good faith remains very much in flux.
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April 25, 2025
‘Economic growth’ a key focus of Conservative and Liberal platforms on immigration, tax and regulation
Both parties currently leading in the polls for the federal election next week have proposed law-related measures in the areas of immigration, regulation and taxation that they contend will boost Canadian businesses and help the economy grow.
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April 25, 2025
Sale of land - Agreement of purchase and sale - Doctrine of part performance - Remedies - Specific performance
Appeal by Appellant from the order for specific performance of an oral agreement for the sale of land.