Civil Litigation
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August 21, 2025
‘Inadequate’ pay deters outstanding jurists from federal bench; $28,000 boost needed: commission
Canada’s 1,198 federally appointed judges should get a substantial lump sum salary increase — $28,000 — as their pay package is no longer enough to attract “outstanding” private bar lawyers to the bench, says the federal Judicial Compensation and Benefits Commission, echoing warnings made by federal judicial leaders over the past few years.
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August 21, 2025
‘Democracy demands nothing less’ than hearing on Alberta referendum question, judge says
An Alberta judge has ordered a hearing on the constitutionality of a referendum question asking whether the province should separate from Canada, despite arguments from the referendum’s proponent that such a move would be premature and an abuse of process.
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August 21, 2025
CIVIL PROCEDURE - Judgments and orders - Ex parte orders - Setting aside judgments or orders
Appeal by Su from chambers judge’s dismissal of his applications. The respondents commenced a civil action against Su and secured several ex parte orders to search for, seize, examine and preserve certain evidence and digital assets (Anton Piller order), and an injunction freezing Su’s assets (Mareva injunction).
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August 21, 2025
Federal Court orders streaming service to pay $368K in copyright infringement case
The Federal Court has ordered a streaming service found liable for copyright infringement to pay nearly $368,000 in legal costs on top of a $5.96‑million statutory damages award.
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August 20, 2025
Court allows appeal, finds developer rightfully terminated presale contracts
The British Columbia Court of Appeal has allowed an appeal in favour of a developer, finding that the unilateral termination of presale contracts for a strata development was justified under the contract’s termination provisions.
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August 21, 2025
Pirating case means jail for business owners, exemplifies pace of civil proceedings
We often hear the complaint that criminal cases take too long to prosecute. Police must obtain evidence, sometimes by convincing a judge that there are reasonable and probable grounds to believe that incriminating material may be found. Only then are the police granted access to complete a search.
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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.