Civil Litigation
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April 10, 2025
Ontario court rules virtual access not required under open court principle
The Ontario Superior Court has ruled that denying virtual access to court proceedings does not violate the open court principle, clarifying that the principle does not guarantee the public’s right to be present in the courtroom.
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April 10, 2025
B.C. government steps up effort to reduce contracts with U.S. suppliers
The B.C. government is instructing its ministries, health authorities and core Crown corporations to review all contracts with an eye to reducing the province’s dependence on goods and services from U.S. suppliers amid the U.S.-Canada trade war.
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April 10, 2025
Saskatchewan amends Construction Codes Act regarding derelict structures
Saskatchewan’s Minister of Government Relations Eric Schmalz has introduced amendments to the Construction Codes Act to support the province’s pilot framework to help municipalities to deal with derelict structures.
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April 10, 2025
Constitutional clash brewing as Ottawa targets immigration bar with up to $1.5 million in admin penalties
Bar organizations are warning Ottawa that a new administrative monetary penalty regime to be applied to legal professionals — featuring penalties of up to $1.5 million for immigration and refugee lawyers determined by federal officials to have participated in clients’ misrepresentations — will be constitutionally challenged if lawyers are not exempted from the proposed regulations, which are expected to come into force later this year.
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April 10, 2025
Federal Court rejects Canada's motion to strike class action alleging RCMP doctors' misconduct
The Federal Court has dismissed a motion by Canada for an order to strike out portions of a statement of claim and to amend common issues in a class-action proceeding related to alleged abuses by medical doctors employed by the RCMP.
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April 10, 2025
Bernier v. Ottawa (Ville): A cautionary tale on waivers and negligence
The Ontario Superior Court decision of Bernier (Litigation guardian of) v. Ottawa (City), 2024 ONSC 6725 underscores the importance of comprehensive waivers to shield from liability and highlights the necessity of ensuring the signer fully understands the legal implications of the waiver.
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April 10, 2025
Establishing irreparable harm: Difficulty in calculating damages for lost business not enough
In business disputes involving a request for injunctive relief, the moving party must generally establish that they would suffer irreparable harm that cannot be compensated for by monetary damages that would eventually be awarded at trial. However, courts have repeatedly held that difficulty in calculating damages for lost business is not sufficient to establish irreparable harm.
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April 10, 2025
Dismissal of class proceedings for delay: ONCA provides guidance
When is “mandatory dismissal for delay” actually mandatory?
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April 10, 2025
‘Constitution does not fade from view in times of crisis,’ Ontario Appeal Court says in COVID-19 case
A former Ontario legislator has emerged victorious in his constitutional challenge of COVID-era gathering limits, with his lawyer saying the ruling will set the standard for jurisprudence on freedom of assembly issues in Canada.
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April 09, 2025
B.C. Court of Appeal overturns $10-million ruling against B.C. over misfeasance in public office
The B.C. Court of Appeal has overturned a $10-million damages award against the province for misfeasance in public office, ruling that misconduct by government officials did not cause the financial losses claimed by the plaintiff.