Civil Litigation
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August 11, 2025
Living proof: Showing evidence of permanent residence key to unlocking GST/HST housing rebate
There are many types of rebate applications that can be filed with the Canada Revenue Agency (CRA) for a refund for GST/HST paid. For example, applications can be made for tax paid in error or for the travel expenses of a First Nations band. There are rental property rebates and, as in the case of Osman v. The King, 2025 TCC 65, the New Housing Rebate. With this rebate, taxpayers are refunded the GST/HST paid for the purchase of a new or substantially renovated home.
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August 08, 2025
B.C. judge certifies Indigenous child welfare class action despite Federal Court of Appeal setback
The British Columbia Supreme Court has certified a class action on behalf of thousands of off-reserve Indigenous children and families affected by what plaintiffs call the “Millennium Scoop,” alleging the ongoing, widespread removal of Indigenous children from their families by the child welfare system.
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August 08, 2025
Court quashes city council resolution regarding street for lack of reasons
The British Columbia Court of Appeal has quashed a council resolution regarding a strip of road that the appellant sought to get back from the City of Delta. It found the city’s decision to keep the strip was unreasonable due to a lack of reasons.
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August 08, 2025
Federal judges seek $60K pay hike but Ottawa says no raise needed to attract senior bar to bench
Chief justices are pointing to newly disclosed data about private bar lawyers’ rising incomes and declining appointments to the bench to bolster the judiciary’s contention that inadequate judicial compensation and onerous job demands are deterring “outstanding” lawyers from seeking federal judicial appointments.
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August 08, 2025
Ontario court upholds dismissal of lawyer’s defamation case under provincial anti-SLAPP law
A well-known Toronto lawyer has been dealt a blow in a defamation case he filed against former clients, with Ontario’s top court upholding an earlier dismissal of the action under the province’s law against so-called strategic lawsuits against public participation (SLAPPs).
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August 08, 2025
New N.S. AI guidebook warns of over-reliance in legal practices
Nova Scotia’s law society is using a new guidebook to warn members against becoming over-reliant on artificial intelligence in their practices — and urging them to heed instances where lawyers ended up in hot water over its misuse.
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August 08, 2025
Presumption of resulting trust and post-separation liabilities: ONCA clarifies in Alami v. Haddad
The Ontario Court of Appeal’s decision in Alami v. Haddad, 2025 ONCA 527 offers timely and instructive clarification on key property issues arising upon the breakdown of a marriage.
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August 08, 2025
Should AI be declared a separate legal personality? Go ask your motherboard
Hey humans! Should AI be declared a separate legal personality? The Law Commission in England is studying the notion, noting the thought is not farfetched. This means the entity can be a "person" in the eyes of the law, such as corporations, sovereign states, etc. all capable of owning property, entering into contracts, suing, and being sued.
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August 08, 2025
CJC issues expression of concern over Federal Court judge’s failure to disclose workplace probe
The Canadian Judicial Council (CJC) has issued a public expression of concern regarding Federal Court Justice Negar Azmudeh for failing to disclose an ongoing workplace harassment investigation during her judicial application process.
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August 08, 2025
Thinking out loud: Mulling changes to Canada’s Online News Act
In response to the seismic shift in how news is consumed and distributed in Canada and elsewhere in the world, Canadian policymakers embarked on a journey to try to rebalance the power dynamics between tech giants and domestic news outlets. With ubiquitous use of smartphones, audiences began accessing news online rather than through traditional print and broadcast channels.