The Complete Brief
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December 19, 2024
Supreme Court of Canada upholds constitutionality of multi-Crown class actions
The Supreme Court of Canada has upheld the constitutionality of British Columbia’s legislation enacted to permit the B.C. Crown to act as the representative plaintiff in a class action on behalf of a class of governments and government agencies in Canada. While this ruling was specific to B.C.’s Opioid Damages and Health Care Costs Recovery Act (ORA), it stands as an endorsement of multi-Crown class actions generally (Sanis Health Inc. v. British Columbia, 2024 SCC 40).
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December 19, 2024
Review by federal procurement ombud finds systemic issues in 17 departments
The Office of the Procurement Ombud (OPO) has published a report on the results of procurement practice reviews conducted between 2018 and 2023, saying the examinations revealed systemic issues with procurement across 17 federal departments.
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December 19, 2024
‘Lessons to be learned’ from report on University of Alberta campus protest, legal expert says
An independent review by a retired judge is calling the University of Alberta’s decision to call in police to remove pro-Palestinian protesters from its campus earlier this year reasonable, while also noting the school did an “about-face” after it promised earlier not to dismantle the protest encampment as long as it was peaceful.
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December 19, 2024
Expert custody report misses the mark and is rejected by trial judge
In yet another highly acrimonious family law trial, C.K.C. v. P.R.C., 2024 BCSC 279, the court was asked to address multiple issues including parenting time, child support, the division of property and excluded property, all in the context of a highly unusual case, where the self-represented father announced to the court on day three of a seven-day trial that he was “done” and “resigning,” and would not be participating any further in the trial.
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December 19, 2024
INSURERS - Duties - Duty of utmost good faith
Appeal by Jeweler's Mutual Insurance Co. (Jeweler's Mutual) from trial judge's award of punitive and compensatory damages in favour of the respondents.
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December 19, 2024
Cumberland v. Maritime College: Lessons in termination law and damages introduction
Roderick Cumberland, a long-serving (with approximately seven years’ tenure) academic instructor at the Maritime College of Forest Technology, faced significant challenges at work. His strict methods, differing opinions and conflicts with staff and students culminated in his termination for cause. The trial court found that Cumberland’s actions indeed reflected the issues raised by his employer. However, both the trial and appellate courts held there was no cause for termination due to the lack of progressive discipline.
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December 18, 2024
Alberta threatens to sue over ‘unconstitutional’ clean energy regulations
Alberta is threatening to take the federal government to court over its recently announced clean energy regulations, saying they are an unconstitutional intrusion on federal jurisdiction.
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December 18, 2024
Ottawa proposes legislation, oversight body to crack down on forced labour in supply chains
The federal government plans to introduce legislation to compel companies and government agencies to monitor their supply chains to avoid suppliers that use forced labour or commit other violations of fundamental labour rights.
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December 18, 2024
Feds release $1.3B border plan to combat ‘migration and opioid crises’
The federal government has released Canada’s Border Plan and announced a $1.3 billion investment into increasing security at the border and strengthening the immigration system. Measures include disrupting fentanyl trade, using new tools for law enforcement and minimizing unnecessary border volume.
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December 18, 2024
Bill to form new Miscarriage of Justice Review Commission enacted into law
A bill replacing the ministerial review process for miscarriages of justice with an independent review commission has been enacted into law, the Department of Justice Canada announced in a news release.