Civil Litigation
-
May 16, 2025
FOR TORTS - Affecting the person - Defamation - Method of publication - Internet
Appeal by appellants from motion judge’s dismissal of their defamation action against the respondents. The appellants were contracted to perform renovations on the respondents’ home in Niagara-on-the-Lake, Ont.
-
May 16, 2025
B.C. Court of Appeal caps opioid appeal factums at 195 pages per side
The B.C. Court of Appeal has capped factums in the province’s national opioid class action appeals at 195 pages per side, rejecting the defendants’ bid for nearly 300 pages and ordering aligned parties to co-ordinate submissions to avoid duplication and inefficiency.
-
May 16, 2025
Rules of Civil Procedure as seen by the Oracle of Belleville
New Rules of Civil Procedure — ahem
-
May 15, 2025
Ottawa welcomes ‘historic’ international ruling that Russia shot down Malaysian civilian airliner
As Canada pursues a separate case against Iran at the UN’s International Civil Aviation Organization (ICAO) — for the illegal downing of a Ukrainian civilian airliner in 2020 — Ottawa said it “welcomes” the ICAO’s recent determination that the Russian Federation shot down Malaysia Airlines Flight MH17 in 2014, in breach of Russia’s obligations under international law.
-
May 15, 2025
Court allows anti-SLAPP motion in mall redevelopment case
The Ontario Superior Court of Justice has allowed an anti-SLAPP motion finding that a developer wanted to “gag” a student who brought legitimate concerns to the city regarding the redevelopment of a Mississauga mall.
-
May 15, 2025
Related but distinct: The different evidentiary thresholds for pursuing future loss claims at trial
In a jury trial, a question is only put to the jury if there is reasonable evidence upon which a jury properly instructed in the law could make a finding on that issue. When it comes to claims for future losses, the plaintiff must only establish that there is a real and substantial risk those losses will occur. It is on that basis that the court must look at the evidence and determine whether it is sufficient and can be put to the jury.
-
May 15, 2025
Alberta severance award for COVID vaccine non-compliance may be a first, lawyer says
An Alberta judge has awarded a former WestJet employee just over $65,000 for wrongful dismissal in a decision that one lawyer involved says breaks new ground in Canadian jurisprudence.
-
May 15, 2025
Civil rules reform based on blind data of personal injury litigation
In September 2023, Attorney General Doug Downey created the Civil Rules Review (CRR) with a mandate to identify issues and develop proposals for reforming the Rules of Civil Procedure to make civil court proceedings more efficient, affordable and accessible.
-
May 15, 2025
Court decision underlines importance of proper jurisdictional channels in accident benefits cases
The Divisional Court of Ontario recently reaffirmed an established legal precedent that a catastrophic impairment (CAT) assessor must stay within their field of expertise when rendering a CAT opinion.
-
May 15, 2025
Use of fake cases by U.K. lawyer qualifies as professional misconduct
The citation of fake cases in documents used in court proceedings continues to be a growing phenomenon. In Ko v. Li, 2025 ONSC 2766, an Ontario lawyer has been ordered to show cause why she should not be cited in contempt of court for relying on non-existent authorities in her submissions on a motion.