Civil Litigation
-
December 19, 2024
Federal Court of Appeal orders reconsideration of maternity leave discrimination complaint
The Federal Court of Appeal has ordered reconsideration of an unjust dismissal complaint by an employee who was laid off after returning from maternity leave, finding that the adjudicator had not addressed key issues raised by the employee.
-
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).
-
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.
-
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.
-
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.
-
December 18, 2024
The crime of domestic violence | Michael Cochrane
In two previous columns I examined the staggering amount of money taxpayers shell out to deal with the consequences of domestic violence and the potential “be careful what you wish for” impact on family law proceedings of a new tort of family violence. In this column I take a look at the proposed changes to the Criminal Code with the criminalization of coercive control of an intimate partner. This new crime is being advanced in Bill C-332 and as of this writing is before the Senate for second reading.
-
December 17, 2024
$6 million settlement reached in Alberta REIT class action
A proposed settlement of $6 million has been reached to resolve the class action lawsuit over investments in Alberta-based Northwynd Real Estate Investment Trust alleging improper transfers.
-
December 17, 2024
New sanctions target Venezuela’s top judge and justice officials complicit in ‘fraudulent’ election
Venezuela's top judge, a prosecutor and two other judges are among five Venezuelan justice officials targeted by Canadian sanctions for what Ottawa says was their undermining of democracy and participating in “the fraudulent declaration of Nicolás Maduro as the winner” of Venezuela’s presidential election last July.
-
December 17, 2024
Leave to appeal allowed for electricity costs decision not subject to judicial review
The Ontario Court of Appeal has allowed leave to appeal a decision concerning costs relating to electricity for a new development, noting that it would be important for public economic interest to determine whether the electricity regulator is subject to judicial review on the matter.
-
December 17, 2024
New associate chief justice appointed to the Federal Court
On Dec. 13, Prime Minister Justin Trudeau announced the appointment of the Honourable Martine St-Louis, a judge of the Federal Court and a judge of the Court Martial Appeal Court of Canada, as the new associate chief justice of the Federal Court.