Civil Litigation
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August 22, 2025
International disputes: SCC revisits contract-based jurisdiction for Canadian courts
A Canadian court can assume jurisdiction over a foreign dispute if a real and substantial connection exists between the claim and the forum in which it is brought. Whether that connection exists is governed by the two-stage test set out by the Supreme Court of Canada in Club Resorts Ltd. v. Van Breda, 2012 SCC 17 (Van Breda).
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August 22, 2025
Yukon court gets new judge
Yukon’s Minister of Justice and Attorney General Tracy-Anne McPhee announced that Yesterday David James Christie has been appointed a judge of the Territorial Court of Yukon.
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August 22, 2025
Court declines to stay class action against Airbnb over allegedly unlicensed rentals
The B.C. Court of Appeal has declined Airbnb’s request to stay a class action concerning allegations that the platform operates rental services in Canada without the licences required under real estate and consumer protection laws.
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August 22, 2025
Estate planning: Ongoing income streams after death
For individuals benefitting from the payment of royalties, it is not uncommon for those payments to continue after death, which gives rise to considerations in the estate planning and estate administration contexts. The most prominent example in recent years may be that of Michael Jackson, recognized by Forbes as the highest-paid dead celebrity in 2024 and in several years prior — royalties earned from MJ: The Musical alone certainly bolstered the bottom line.
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August 21, 2025
‘Inadequate’ pay deters outstanding jurists from federal bench; $28,000 boost needed: commission
Canada’s 1,198 federally appointed judges should get a substantial lump sum salary increase — $28,000 — as their pay package is no longer enough to attract “outstanding” private bar lawyers to the bench, says the federal Judicial Compensation and Benefits Commission, echoing warnings made by federal judicial leaders over the past few years.
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August 21, 2025
‘Democracy demands nothing less’ than hearing on Alberta referendum question, judge says
An Alberta judge has ordered a hearing on the constitutionality of a referendum question asking whether the province should separate from Canada, despite arguments from the referendum’s proponent that such a move would be premature and an abuse of process.
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August 21, 2025
CIVIL PROCEDURE - Judgments and orders - Ex parte orders - Setting aside judgments or orders
Appeal by Su from chambers judge’s dismissal of his applications. The respondents commenced a civil action against Su and secured several ex parte orders to search for, seize, examine and preserve certain evidence and digital assets (Anton Piller order), and an injunction freezing Su’s assets (Mareva injunction).
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August 21, 2025
Federal Court orders streaming service to pay $368K in copyright infringement case
The Federal Court has ordered a streaming service found liable for copyright infringement to pay nearly $368,000 in legal costs on top of a $5.96‑million statutory damages award.
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August 20, 2025
Court allows appeal, finds developer rightfully terminated presale contracts
The British Columbia Court of Appeal has allowed an appeal in favour of a developer, finding that the unilateral termination of presale contracts for a strata development was justified under the contract’s termination provisions.
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August 21, 2025
Pirating case means jail for business owners, exemplifies pace of civil proceedings
We often hear the complaint that criminal cases take too long to prosecute. Police must obtain evidence, sometimes by convincing a judge that there are reasonable and probable grounds to believe that incriminating material may be found. Only then are the police granted access to complete a search.