The Complete Brief
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December 04, 2024
Ontario government appointee to conduct review of OMERS pension fund governance
Former Toronto Port Authority chair Robert Poirier has been hired by the Ontario government to conduct a governance review of the sometimes-challenged Ontario Municipal Employees’ Retirement System (OMERS) — but the largest union with OMERS members is expressing reservations about the pick.
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December 04, 2024
Alberta court rejects three injunctions, grants one in restrictive covenants dispute
The Alberta Court of King’s Bench has denied injunction applications brought by a group benefits provider against a former executive, finding that there was no serious issue to be tried with the employee’s alleged breach of certain restrictive covenants.
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December 04, 2024
Manitoba enacts new laws, regulations for amateur combative sports
Manitoba now has new laws strengthening safety standards for amateur fighting sports — thus opening the door to the hosing of “combative” competitions. According to a Dec 3 news release, the province’s Combative Sports Amendment Act and its corresponding regulations came into force Dec. 1.
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December 04, 2024
Judge in kidnapping case erred by disregarding evidence on complainant’s work in sex trade: court
Ontario’s top court has overturned the conviction of a man who had been accused of multiple violent crimes, saying the trial judge incorrectly used Canada’s so-called rape-shield law to ignore all the complainant’s evidence regarding her activities as a sex worker.
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December 04, 2024
New partner joins Bennett Jones in Toronto
A recent news release from Bennett Jones announced that Allyson Marta joined the firm as a partner in its Toronto office.
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December 04, 2024
New associate joins Hicks Morley
A recent news release from Hicks Morley Hamilton Stewart Storie LLP announced the addition of Jaime Rivera-Campos as an associate in the firm’s London office.
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December 04, 2024
SALE OF LAND - Agreement of purchase and sale - Breach of - Specific performance
Appeal by Landlord from application judge’s order of specific performance, directing Landlord to convey properties to Tenant; cross-appeal by Tenant from AP’s conclusion that Landlord made valid tender. The proceeding involved a dispute over the exercise of options to purchase two commercial properties leased by the Tenant from the Landlord.
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December 04, 2024
B.C. appeal court upholds largest defamation award for a corporation
While defamation claims are often made to compensate individuals for personal distress caused by harm to their personal reputations, corporations may also seek damages for defamation when harmed by a business competitor. Such claims generally focus on the corporation’s economic losses. In Valley Traffic Systems Inc. v. Malak, 2024 BCCA 370, the Court of Appeal for British Columbia upheld the largest sum ever awarded to a corporation in B.C. for a defamation claim.
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December 04, 2024
Our land for the future: What NWT PFP means for Indigenous-led conservation
On Nov. 14, 2024, 22 Indigenous partners, alongside the federal and territorial governments and private philanthropists led by Pew Charitable Trusts, gathered in Behchokǫ̀ to celebrate a landmark achievement in conservation and reconciliation: the signing of the Northwest Territories (NWT) Project Finance for Permanence Agreement (NWT: Our Land for the Future Agreement). This agreement represents a transformative step toward long-term, Indigenous-led stewardship of Canada’s northern ecosystems.
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December 04, 2024
Why Alberta Court of Appeal dismissed ineffective counselling claim in sex assault case
Darius Clarke appealed his conviction for sexual interference and sexual assault, claiming that he had ineffective assistance of counsel. He also blamed the trial judge for misapprehending the evidence of where DNA was found on the complainant. He was also critical of the trial judge’s acceptance of the complainant’s testimony and finding it credible. The Alberta Court of Appeal dismissed Clarke’s appeal in written reasons handed down on Oct. 31, 2004 (R. v. Clarke, 2024 ABCA 346).