The Complete Brief
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December 17, 2024
Ontario Court of Appeal dismisses class action after 21-year delay
The Ontario Court of Appeal has upheld the dismissal of a 21-year old certified class proceeding finding that the delay in the action was inordinate and inexcusable.
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December 17, 2024
Collateral consequences of conviction
Two cases dealing with the consequences of a conviction were argued in different provinces in 2024. R. v. Simpson, 2024 MCA 82, was argued on April 26, and the reasons were handed down on Oct. 24. The trial in the Supreme Court of British Columbia in R. v. Astudillo, 2024 BCSC 2234, was held during April and the summer, and the judgment was delivered on Dec. 10. Both decisions deal with the collateral consequences of a conviction but arrive at a similar conclusion through different routes.
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December 17, 2024
WILLS - Testator’s intention to be given effect - Gifts - Failure of - Lapse
Appeal by Schneider from special chambers judge's interpretation of her mother’s will, Dorothy Maruzs (Dorothy) and determining that Logan Maruzs (Logan) and Ericka Anderson (Ericka), children of Schneider’s deceased brother Vincent Maruzs (Vincent), would inherit six quarter sections of farmland; applications to admit new evidence.
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December 17, 2024
Vavilov at five | Sara Blake
Five years ago, on Dec. 19, 2019, the Supreme Court of Canada, in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, re-set the standard of review for questions of statutory interpretation. In that case, and two others decided in the same week, the court demonstrated how the new standard of review is to be applied.
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December 17, 2024
Parastoo Ahmadi’s groundbreaking concert: Symbol of defiance and hope | Maria Mahmoudian
In a momentous event that defied the oppressive norms of the Iranian regime, Parastoo Ahmadi recently held a concert without wearing a hijab. This courageous act of defiance took place at an undisclosed, clandestine location in Tehran, with tight security and limited attendance to ensure the safety of the performer and her audience. The concert, held this month, has since become a landmark in the struggle for women's rights and freedom of expression in Iran.
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December 16, 2024
Federal fiscal update after Freeland’s shock departure features tax, legal changes of note to bar
Boosting the number of judges in Ontario’s Unified Family Court and Court of Appeal, making “bail and sentencing laws stricter,” and new civil remedies — and criminal penalties of up to $1 million for corporations — under the Bankruptcy and Insolvency Act, were among the new measures proposed in the 2024 fall fiscal update by the minority Liberal government after Deputy Prime Minister and Finance Minister Chrystia Freeland stunned Ottawa by resigning from the Cabinet a few hours earlier.
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December 16, 2024
Alberta Court of Appeal upholds default judgment in mortgage action, affirms property sale
The Alberta Court of Appeal has upheld a default judgment in a mortgage enforcement action and affirmed a third-party property sale, finding that the mortgagor did not have a reasonable prospect of successfully defending the action.
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December 16, 2024
Class action certified against Airbnb for alleged breach of consumer protection laws
The British Columbia Supreme Court has certified a class action against short-term rentals giant Airbnb alleging breach of provincial consumer laws, claiming it is not licensed to provide real estate or travel agent services, nor can it transfer funds between customer and host.
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December 16, 2024
Tyr LLP adds associate
Toronto litigation firm Tyr LLP announced that Sam Cotton has joined its trial team.
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December 16, 2024
Section 15 Charter argument in drug consumption site lawsuit a ‘no-brainer,’ legal expert says
Ontario has been hit with a lawsuit challenging controversial legislation that will lead to the shuttering of several supervised drug consumption sites in the province which says the province's moves are unconstitutional and will lead to more people dying.