Civil Litigation
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April 08, 2025
The need for co-operation between separated parents
In the recent Ontario Court of Justice decision, Skiffington v. Parsons, 2025 ONCJ 66, para. 9, Justice Jennifer Daudlin addressed multiple parenting issues, including summer parenting schedules, structured travel provisions and transportation responsibilities. The decision underscores the necessity of co-operation between parents and facilitating parenting time to safeguard the children’s best interests, consistent with s. 24 of the Children’s Law Reform Act.
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April 08, 2025
B.C. Appeal Court overturns decision on ‘foreign entity’ land transfer tax
British Columbia’s top court has overturned a decision that said a company was not liable for a “foreign entity” land transfer tax because it had acted as an agent in the sale of a property and was not a transferee.
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April 08, 2025
CIVIL PROCEDURE – Right of action - Extinction - Judgments and orders – Appeals - Quashing or dismissal of
Appeal by appellant from chambers judge’s dismissal of his claim against the Province of British Columbia. The dismissal was based on immunity in s. 24(3) of the Industrial Roads Act.
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April 08, 2025
Foreign ownership and real estate: Appeal Court upholds foreign buyer tax reassessment in B.C.
A recent appeal heard by the British Columbia Court of Appeal considered the applicability of the additional property transfer tax (ATT), or “foreign buyer tax,” under the province’s Property Transfer Tax Act, R.S.B.C. 1996, c. 378.
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April 07, 2025
B.C. court certifies class action over public guardian’s failure to secure benefits for children in care
The B.C. Supreme Court has certified a class action against the province's Public Guardian and Trustee (PGT), alleging that it was negligent and breached its fiduciary duty to children in care by failing to obtain no-cost federal and provincial education benefits for them.
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April 07, 2025
Proposed class action launched against Ford for vehicle transmission issues
A proposed class action has been filed against Ford Motor Company and Ford Motor Company of Canada Ltd. for operational issues in vehicles’ transmission.
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April 07, 2025
N.S. Mi’kmaw communities now allowed cannabis stores
Regulated retail cannabis stores will now be allowed to operate on Nova Scotia’s Mi’kmaw reservations.
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April 07, 2025
A critique of Ontario’s Civil Rules review | Allan Rouben
Excessive cost and delay have become so endemic to our civil justice system that the authors of the Civil Rules Review consider that the only remaining solution is to redesign the rules “from the ground up.” The fault for this is placed squarely at the feet of lawyers who, aided and abetted by the existing rules, adopt a “maximalist” approach to documentary and oral discovery.
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April 07, 2025
Antisemitic incidents in Canada reached a record high in 2024, reports B’nai B’rith
B’nai B’rith Canada is reporting that incidents of antisemitism in Canada reached their highest level in 2024 since the Toronto-based Jewish service and advocacy organization began tracking such events in 1982.
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April 07, 2025
More on mental health and the practice of law | Gary S. Joseph
I want to get onboard with the movement to bring more attention to the problem of mental health issues in the profession. In my view, it is undeniable that the practice of law has become more stressful in my almost half century of practice.