The Complete Brief
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April 11, 2025
Civil Rules overhaul: Will it lead to more wrongful dismissal trials?
There has been a lot of talk about the recent Civil Rules consultation paper, which proposes a radical overhaul of the civil litigation process in Ontario. The proposal is intended to reduce cost and delay through a “shift from a relevance-based standard of discovery to the significantly less expensive reliance-based standard of discovery.”
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April 11, 2025
Ontario Court of Appeal upholds decision in Chippewas of Saugeen First Nation case
In a recent ruling, the Ontario Court of Appeal upheld a lower court’s decision in Chippewas of Saugeen First Nation v. South Bruce Peninsula (Town), [2024] O.J. No. 5607 a case that addresses key issues in the interpretation and application of Indigenous treaties. This decision examines important legal principles regarding treaty interpretation and the rights of landowners.
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April 10, 2025
Successful murder appeal: Defence deprived of right to have alternative theories advanced
In a 7-2 decision, the Supreme Court of Canada confirmed an order for new first-degree murder trials for an Ontario woman and three others who were convicted in an attack on her parents.
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April 10, 2025
SCC upholds new trial for woman at centre of alleged plot to kill parents
In what is the latest chapter in a long and bizarre murder case, the Supreme Court of Canada has upheld a new trial for Jennifer Pan — an Ontario woman who had been convicted of first-degree murder for allegedly plotting to have her parents killed in a staged home invasion.
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April 10, 2025
Ontario court rules virtual access not required under open court principle
The Ontario Superior Court has ruled that denying virtual access to court proceedings does not violate the open court principle, clarifying that the principle does not guarantee the public’s right to be present in the courtroom.
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April 10, 2025
B.C. government steps up effort to reduce contracts with U.S. suppliers
The B.C. government is instructing its ministries, health authorities and core Crown corporations to review all contracts with an eye to reducing the province’s dependence on goods and services from U.S. suppliers amid the U.S.-Canada trade war.
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April 10, 2025
Saskatchewan amends Construction Codes Act regarding derelict structures
Saskatchewan’s Minister of Government Relations Eric Schmalz has introduced amendments to the Construction Codes Act to support the province’s pilot framework to help municipalities to deal with derelict structures.
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April 10, 2025
Constitutional clash brewing as Ottawa targets immigration bar with up to $1.5 million in admin penalties
Bar organizations are warning Ottawa that a new administrative monetary penalty regime to be applied to legal professionals — featuring penalties of up to $1.5 million for immigration and refugee lawyers determined by federal officials to have participated in clients’ misrepresentations — will be constitutionally challenged if lawyers are not exempted from the proposed regulations, which are expected to come into force later this year.
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April 10, 2025
Federal Court rejects Canada's motion to strike class action alleging RCMP doctors' misconduct
The Federal Court has dismissed a motion by Canada for an order to strike out portions of a statement of claim and to amend common issues in a class-action proceeding related to alleged abuses by medical doctors employed by the RCMP.
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April 10, 2025
Bernier v. Ottawa (Ville): A cautionary tale on waivers and negligence
The Ontario Superior Court decision of Bernier (Litigation guardian of) v. Ottawa (City), 2024 ONSC 6725 underscores the importance of comprehensive waivers to shield from liability and highlights the necessity of ensuring the signer fully understands the legal implications of the waiver.