Civil Litigation
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December 05, 2024
Lawyers’ 2024 year end and legal challenges for 2025 | Jacob Murad
As 2024 comes to an end, it is important to reflect on the year that went by and look forward to the challenges faced by legal professionals for the upcoming year. Here are a few that come to mind:
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December 05, 2024
Defamation action for media article based on a court decision dismissed
In British Columbia and Ontario, a defendant in a defamation action can bring an anti-SLAPP motion for its dismissal at an early stage of the proceedings.
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December 05, 2024
Antisemitism’s insidious reach: Accusing a judge of bias because he’s Jewish | Steve Benmor
Antisemitism, one of the oldest and most persistent forms of discrimination, has regrettably seeped into many facets of modern life. Its tentacles extend beyond the overt hate crimes and insidious stereotyping we have come to associate with this prejudice, infiltrating even the hallowed halls of justice.
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December 05, 2024
A path to truth, reconciliation and bridge-building | Tony Stevenson
Good day, everyone. I just wanted to describe the work that we do in the communities, schools, universities and the organizations that invite us to help educate the participants on the history of the First Nations people. This is the history that many of you were never taught in school. Why? I honestly don’t know. Whatever the reason, it was very detrimental to our relationships in this country. If those history books had included the whole truth of Canada’s history, I believe we would all be prospering and living cohesively.
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December 04, 2024
Ottawa splits off controversial anti-hate provisions from online harms bill
The federal government is hiving off controversial anti-hate provisions from its proposed online harms legislation, in the hopes of being able to enact more speedily other provisions in Bill C-63 that aim to protect children online.
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December 04, 2024
Ontario private member's bill aimed at regulating captive wildlife and zoos
An Ottawa-area MPP has introduced a new private member's bill aimed at addressing the lack of provincial oversight for captive wildlife. The Captive Wildlife Protection Act, 2024 was said to be brought for the purpose of improving animal welfare and public safety, citing dangers posed by “roadside zoos.”
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December 04, 2024
Alberta court rejects three injunctions, grants one in restrictive covenants dispute
The Alberta Court of King’s Bench has denied injunction applications brought by a group benefits provider against a former executive, finding that there was no serious issue to be tried with the employee’s alleged breach of certain restrictive covenants.
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December 04, 2024
Manitoba enacts new laws, regulations for amateur combative sports
Manitoba now has new laws strengthening safety standards for amateur fighting sports — thus opening the door to the hosing of “combative” competitions. According to a Dec 3 news release, the province’s Combative Sports Amendment Act and its corresponding regulations came into force Dec. 1.
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December 04, 2024
B.C. appeal court upholds largest defamation award for a corporation
While defamation claims are often made to compensate individuals for personal distress caused by harm to their personal reputations, corporations may also seek damages for defamation when harmed by a business competitor. Such claims generally focus on the corporation’s economic losses. In Valley Traffic Systems Inc. v. Malak, 2024 BCCA 370, the Court of Appeal for British Columbia upheld the largest sum ever awarded to a corporation in B.C. for a defamation claim.
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December 04, 2024
Copyright developments in the fall of 2024: Site-blocking orders
The decision in Rogers Media Inc., v. John Doe 1, (No. 2) 2024 FC 1082, builds on recent decisions where the court has issued site-blocking orders to interrupt the infringement of copyright in the broadcast of live sports. In the previous cases, applicants obtained interlocutory injunctions, for a stated period, for live sports events of a single professional league, in proceedings begun as actions, against John Doe defendants. The orders included mandatory terms against ISPs named as third-party defendants who had committed no wrongdoing.