Real Estate
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November 14, 2024
Removal of untranslated English decisions on website won’t end novel lawsuit against SCC: plaintiff
The Supreme Court of Canada’s removal of thousands of pre-1970 (mostly unilingual-English) judgments from its website won’t end an unprecedented Federal Court lawsuit that aims to compel the top court’s registry to fix alleged violations of the Official Languages Act by translating the court’s unilingual decisions into the other official language, says the plaintiff language rights group Droits collectifs Québec.
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November 14, 2024
Limitation applicable to constructive trust and unjust enrichment claims
The decision in Ingram v. Kulynych Estate, 2024 ONCA 678 (Ingram), by the Ontario Court of Appeal addressed whether the 10-year limitation period under s. 4 of the Real Property Limitations Act R.S.O. 1990, c. L.15 (RPLA) applies to the respondent, Kathleen Ingram’s, constructive trust and unjust enrichment claim against Henry Kulynych’s estate rather than the two-year period under s. 38(3) of the Trustee Act, R.S.O. 1990, c. T.23 (Trustee Act).
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November 11, 2024
Court certifies class action related to Vancouver fire that killed 2, displaced 70
The British Columbia Supreme Court has certified a class action arising from a 2022 fire at a hotel housing vulnerable residents in Vancouver’s Downtown Eastside for negligence and occupier’s liability claims.
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.
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November 07, 2024
Consent judgments should be analyzed according to principles of contractual interpretation: court
Ontario’s top court has ruled on the correct analytical approach to the interpretation of a consent judgment — an issue it had not weighed in on previously.
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November 07, 2024
No explicit oppression remedy provision in Not-for-Profit Corporations Act
In the decision York Condominium Corporation No. 76 v. 10 The Marketplace Ltd., 2024 ONSC 4305, released by the Ontario Superior Court of Justice on Aug. 1, 2024, the court examined several issues surrounding a lease amendment dispute in Toronto’s Crescent Town, including a claim of oppression.
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November 07, 2024
Lawyer sleep: Exercise, medication and coffee | Harjot Atwal
“When the going gets tough, the tough take a nap.” — Tom Hodgkinson
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November 06, 2024
How Trump’s win impacts Canada: Immigration, trade opportunities for Americans
With Donald Trump re-elected as U.S. president, Canada now faces a range of impacts that could affect its policies and relationships across multiple areas, including immigration, trade, defence and climate. Trump’s focus on strict immigration controls, “America-first” economic policies and his defence priorities are likely to shape the dynamics of U.S.-Canada relations, driving many to explore Canada as an alternative destination. Here’s a look at what Trump’s win could mean for Canada.
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November 06, 2024
Taking a break from perfectionism | Harjot Atwal
“Have the courage to be imperfect.” — Alfred Fidler
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November 05, 2024
B.C. Court of Appeal rules forum selection clause in property deal was not binding due to wording
The British Columbia Court of Appeal has allowed an appeal in a case where a forum selection clause gave Alberta courts jurisdiction on matters arising from a property purchase agreement. The court discussed the usage of the terms “submit” and “attorn” in such clauses, ruling the chambers judge erred in interpreting the agreement.