Civil Litigation
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April 17, 2025
CIVIL PROCEDURE - Costs - Offers to settle - Appeals - Cross-appeals
Appeal by Maharaj and cross-appeal by Town of Rosetown (Town) from costs order made by chambers judge (Judge).
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April 17, 2025
Top jurists urge ‘vigilance, courage’ to defend rule of law amid rising political attacks abroad
Top judges from Canada and around the world recently gathered with other jurists in Ottawa for the Supreme Court of Canada’s 150th anniversary symposium, where a prominent Canadian legal expert remarked that the new U.S. administration’s stance towards courts and the rule of law reflects expansive conceptions of executive power and impunity espoused by Germany’s Nazi regime in the 1930s.
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April 17, 2025
How judges respond to divorcing spouses who weaponize social media
In the digital age, social media has become a battleground for high-conflict divorces. Courts are increasingly faced with cases where one party uses online platforms to disparage, harass or intimidate their former spouse.
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April 17, 2025
Ontario’s civil procedure overhaul: From fishing expeditions to reliance-based disclosure
Ontario’s civil justice system is on the cusp of its most sweeping transformation in over a century. The Civil Rules Review 2025, launched by Chief Justice Geoffrey Morawetz and Attorney General Doug Downey, is not simply tinkering at the edges — it’s a fundamental reimagining of how litigation is conducted in this province.
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April 16, 2025
B.C. Court of Appeal orders new trial in auto crash case over jury instruction errors
The B.C. Court of Appeal has overturned a jury verdict that found a driver not liable for rear-ending a car merging onto a highway, ruling that the trial judge failed to properly instruct the jury on the legal duties of both drivers.
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April 16, 2025
Alberta Court of Appeal rules First Nation's contingency fee agreements with law firm were invalid
The Alberta Court of Appeal has allowed a First Nation’s appeal disputing the execution and timeline of contingency fee agreements it had with a law firm.
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April 16, 2025
Alberta bill raising concerns about political interference in legal system funding
Legal observers in Alberta are raising alarm bells about provincial legislation that they say would lead to political interference in funding decisions for access to justice initiatives, but the province is saying some of the concerns are being “unfairly and inaccurately” mischaracterized.
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April 16, 2025
Manitoba court examines ‘adverse inference’ in medical malpractice case
It is up to trial judges whether to apply “adverse inference” in cases of medical malpractice, says a lawyer, after Manitoba’s top court found that a local doctor, while negligent, did not cause a patient’s death due to his failure to spot a cancerous tumour.
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April 16, 2025
Dickinson Wright welcomes Shona Musimbe to its Toronto office
Dickinson Wright has announced that Shona Musimbe has joined the firm’s Toronto office as an associate.
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April 16, 2025
Municipal Elections Act, 1996: Recent decisions clarify mandatory audit requirements
Municipal lawyers are taking note of two recent decisions from the Ontario Superior Court of Justice, Thompson v. City of Ottawa Elections Compliance Audit Committee, 2025 ONSC 682 (Thompson, as yet unpublished) and Phillips v. Compliance Audit Committee, 2025 ONSC 1180 (Phillips), that have established a clear and stringent interpretation of the Municipal Elections Act, 1996 (MEA) regarding the mandatory nature of compliance audits.