Civil Litigation
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December 10, 2024
Yukon Court of Appeal upholds dismissal of application in dispute over inducing breach of contract
The Yukon Court of Appeal has upheld the dismissal of an application by a propane supplier accused of inducing a competitor’s customers to breach their contracts, rejecting arguments that the pleadings failed to disclose a reasonable claim.
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December 10, 2024
Ontario appeal court sides with First Nation over beachfront land excluded from reserve
Ontario’s top court has ruled in favour of a First Nation that said that a stretch of beachfront property on Lake Huron had been unfairly excluded from its reserve lands.
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December 10, 2024
Date of death: Determining commencement of the limitation period
In our last article with Law360 Canada, Palak Mahajan and I wrote about the relevance of the recent decision of Ingram v. Kulynych Estate, 2024 ONCA 678, with respect to limitation periods. Limitation periods continue to be an overarching factor that plays one of the most important roles of every file/case that comes through the door. Another case that exemplifies the significance of limitation periods is Shannon v. Hrabovsky, 2024 ONCA 188 (Shannon), by the Court of Appeal, which addressed the issue of when the discoverability principle applies to estate claims and whether the limitation period runs from the date of death of the testator.
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December 09, 2024
Commons committee, privacy commissioner call for amendments to federal private-sector privacy law
The federal privacy commissioner has endorsed a call by a House of Commons committee to reform Canada’s federal private-sector privacy law to include data-minimization requirements, rules surrounding cross-border data transfers, and the power for the privacy commissioner to make binding orders and impose significant administrative monetary penalties.
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December 09, 2024
Court grants injunction against CUPW blockade at Purolator facility amid Canada Post strike
The Ontario Superior Court has maintained the validity of an ex-parte injunction restraining Canadian Union of Postal Workers (CUPW) members from blocking access to and from a Purolator facility in relation to the ongoing labour dispute at Canada Post.
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December 09, 2024
Ontario Court of Appeal: Arbitrators are presumed to be impartial
“Arbitration is an important, statutorily sanctioned, mode of dispute resolution. Undergirding its acceptability is the core principle that an arbitrator must be impartial. An arbitrator must not actually be biased, nor can there be a reasonable apprehension that the arbitrator is biased.”
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December 09, 2024
Violence in Ontario families: I smell gasoline | Michael Cochrane
In my previous column, Violence in Ontario families: Something is off, I looked at the astonishing multi-billion-dollar investment Canadian taxpayers are making to deal with the consequences of domestic violence. It is frankly and sadly a growth industry.
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December 09, 2024
Spa days in the Federal Court
Auberge & Spa Le Nordik Inc (Nordik) is the owner of trademark registrations for THERMËA and THERMËA & Design. The THERMËA trademarks are registered in association with the services relating to the operation of a spa and wellness centre offering saunas, therapeutic baths, whirlpool and cold baths, steam baths, floating baths, relaxing and therapeutic massages; body treatments for face, body and feet and related goods and services (Auberge & Spa Le Nordik Inc. v. Therme Development (Cy) Ltd., [2024] F.C.J. No. 2171).
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December 06, 2024
No Charter breach when police warrantlessly searched text messages in ‘exigent circumstances’: SCC
The Supreme Court of Canada has dismissed 6-3 an Ontario man’s appeal of his drug trafficking convictions, holding that his Charter rights were not breached because “exigent circumstances” justified police, without a warrant, using a cellphone they seized from a drug dealer to impersonate that dealer and continue his texting with the accused to arrange what police suspected to be a purchase of fentanyl-laced heroin.
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December 06, 2024
B.C. Court of Appeal overturns order allowing third-party claim in Aboriginal title case
The B.C. Court of Appeal has upheld an order adding a First Nation as a defendant in another First Nation’s Aboriginal title claim — but overturned an order permitting the additional First Nation to file a third-party claim, citing potential delays.