Civil Litigation
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June 03, 2025
Should the Ontario Superior Court eliminate civil trials?
Recognizing the Ontario Superior Court to be “arcane, expensive and plagued by delay,” the Civil Rules Working Group has proposed a grand experiment, namely eliminating discoveries and curtailing document production. In place thereof, parties would be required (as they currently are) to tell the truth and to further co-operate. However, given such requirements, and the clear mandate given to the working group to reduce cost and delay, it must be asked whether the proposed reforms go far enough, or whether the Superior Court should eliminate civil trials as well?
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June 03, 2025
First ministers commit to more domestic trade agreements, joint efforts on bail reform and drug war
In a show of unity against tariff threats from the United States and China, provincial and territorial premiers have agreed with the federal government to advance domestic trade by implementing a mutual recognition agreement covering consumer goods by December 2025.
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June 03, 2025
PLANNING AND DEVELOPMENT - Development permits - Right to obtain - Relationship to bylaws - Community Plan
Appeal by appellant Blanke against the Corporation of the District of West Vancouver regarding its issuance of development and building permits to individual respondents, David and Deborah Wolfin.
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June 03, 2025
Why inmates’ COVID-19 isolation lawsuit moves forward as class action
When I first started teaching prison law, one of my students struggled to distinguish between the terms “administrative segregation” and “punitive dissociation,” both of which are used by the Correctional Service of Canada (CSC) to isolate prisoners. The student expressed concern over the similarity of conditions: “Same bed!”
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June 03, 2025
Beware the nuances of probationary employment
Probationary periods of employment are nothing new, but employers who fail to grasp the nuances involved can face significant legal consequences.
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June 02, 2025
Prime Minister Carney taps Montreal lawyers for key roles in PMO
Prime Minister Mark Carney has hired prominent Montreal lawyer Marc-André Blanchard, the former chair and CEO of McCarthy Tétrault LLP, as his chief of staff, while ex-federal justice minister David Lametti, counsel with Montreal’s Fasken, is also taking on senior responsibilities in the new Prime Minister’s Office (PMO), according to media reports.
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June 02, 2025
B.C. ostrich farm refuses to depopulate flock for avian flu
The Canadian Food Inspection Agency (CFIA) has announced that a B.C. farm that has also been subject to litigation continues to refuse to depopulate its ostriches despite orders. The agency has been collaborating with the poultry industry to place controls to protect animal health in response to highly pathogenic avian influenza (HPAI) since 2021.
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June 02, 2025
Court allows new claims on privacy in period tracker app class action
The British Columbia Supreme Court has certified additional common issues regarding breach of contract and disgorgement in a national class action against a company operating a menstrual health app for alleged breaches of privacy rights.
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June 02, 2025
BMW awarded $190K in costs in dismissed engine defect class action
BMW has been awarded $190,000 in costs for a dismissed class action that sought damages in relation to alleged defects in the engines of certain BMW vehicles with model years from 2012 to 2015.
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June 02, 2025
ACTS OF BANKRUPTCY - Ceasing to meet liabilities - Fraudulent preferences, conveyances or transactions
Appeal by appellant against an order denying its application for an order enabling it to assert Higgerty Law’s lien rights and stop interest accrual for all creditors in the receivership.