Personal Injury
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July 30, 2024
Counsel contend Ottawa’s spate of judicial appointments might make novel constitutional appeal moot
Lawyers who won a groundbreaking Federal Court declaration that recognized a “constitutional convention that judicial vacancies on the provincial superior courts and federal courts must be filled within a reasonable time” contend Ottawa’s appeal should be dismissed as moot if the Trudeau government gets federal judicial vacancies down to the reasonable level set by Federal Court Justice Henry Brown last February.
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July 30, 2024
CIVIL PROCEDURE — Appeals — Quashing or dismissal of
Application by respondents for order to quash Badela’s appeal. Multiple applications were brought by the parties as a result of a single motor vehicle accident involving Badela and Donald. The parties asked a trial court judge to rule on the sequencing of the applications. The judge then considered the sequencing application in light of the larger context of judicial economy, procedural efficiency, and fairness to all parties.
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July 29, 2024
B.C. Court of Appeal declines to strike novel claim against McKinsey in opioid class action
British Columbia’s top court has declined to strike a negligent misrepresentation claim against global consulting firm McKinsey & Company in a class action concerning its alleged role in promoting opioids in Canada and its failure to warn users of the known risks of the drugs.
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July 29, 2024
5 Ontario judicial appointments announced
Minister of Justice and Attorney General of Canada Arif Virani announced in a July 24 news release the appointment of five judicial appointees in Ontario: Renee M. Pomerance, E. Ria Tzimas, Michelle Flaherty, Brian DeLorenzi and Jacqueline A. Horvat.
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July 26, 2024
Court of Appeal orders retrial in car accident case against Insurance Corporation of B.C.
The B.C. Court of Appeal has allowed an appeal of a decision dismissing a damages claim for a motor vehicle accident, finding that the judge did not consider relevant evidence that may have changed the analysis.
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July 26, 2024
Federal Court of Appeal deals another blow to cities’ efforts to derail huge CN container facility
The Federal Court of Appeal has dismissed an appeal challenging the approval of the location for railway lines related to a contentious Canadian National Railway Company (CN) logistics hub proposed to be set up in Milton, Ont.
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July 26, 2024
Supreme Court refuses leave to appeal $1.7M CBC defamation decision
The Supreme Court of Canada has effectively affirmed a Manitoba Court of Appeal decision last year that rejected a $1.7 million defamation award against the Canadian Broadcasting Corp. (CBC).
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July 26, 2024
RESIDENTIAL TENANCIES — Landlord’s obligations — Common areas
Appeal by Marguerite Crete and her son Daniel Crete (Cretes) from motion judge’s finding that Snow Removal Provision required them to clear areas used exclusively by them, which included the area where Daniel fell. The Cretes leased a townhouse from Ottawa Community Housing (Ottawa).
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July 25, 2024
Burying termination provision in a confidentiality clause voids executive employment contract
Executive employment contracts, particularly for C-suite executives of organizations, can be lengthy and complex. A well-drafted, thorough contract may deal with a great number of different matters, including compensation, performance expectations, post-employment obligations, termination and others, which may not always interact.
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July 25, 2024
Ottawa ordered to disclose memos about CUAET immigration program targeted by Charter challenge
A novel Charter challenge — which contends that Ottawa’s expansive Canada-Ukraine Authorization for Emergency Travel (CUAET) policy for war-affected Ukrainians unfairly discriminated against Taliban-targeted Afghans who face stricter immigration requirements — is proceeding to next steps after the Federal Court rejected a bid by the federal attorney general to avoid disclosing information that sheds light on what went into devising the generous immigration policy for Ukrainians.