Civil Litigation
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June 12, 2025
Court approves $1.65M settlement of action against solicitors over failed syndicated mortgage loans
The Ontario Superior Court of Justice has approved a $1.65-million settlement of a class action against solicitors who provided legal services for syndicated mortgage loans (SML) that went into default, causing investors to lose most of their money.
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June 12, 2025
Supreme Court to decide if Facebook broke privacy law in disclosing users’ data to third-party apps
The Supreme Court of Canada has agreed to hear Facebook’s appeal from a lower court’s ruling that the platform shared users’ personal information with third-party applications on its platform, without providing adequate privacy safeguards or obtaining meaningful consent to disclose users’ personal data — in breach of the federal Personal Information Protection and Electronic Documents Act (PIPEDA).
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June 12, 2025
B.C. Court of Appeal overturns development charge, finding municipality breached duty of fairness
The B.C. Court of Appeal has overturned a chambers judge’s decision in a dispute over a municipal development charge, ruling the City of West Kelowna owed the developer a duty of procedural fairness.
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June 12, 2025
Appeals dismissed in case of voting rights concerning two related non-profits
The Ontario Court of Appeal has dismissed appeals relating to the members’ voting rights in a case involving not-for-profit corporations providing Halal certifications.
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June 12, 2025
There is no right to party: Ontario court
In the last few years, several cities have been required to respond to unsanctioned large gatherings during university homecoming week or the holidays. The large unsanctioned gathering have, in general, been organized on social media by faceless individuals. Although social gatherings can be a public good, the unsanctioned events have caused chaos.
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June 12, 2025
Reducing CRR burden: Keep ‘relevance’ as standard, reduce judge-presided conferences
The Civil Rules Review Phase 2 (CRR) report mandates judicial case conferences in two forms: directions conferences and scheduling conferences. In addition, it proposes a completely new standard for productions while removing discovery, which is a cornerstone for ensuring necessary and adequate production. The CRR proposes a new production standard: production of “reliance” and “adverse” documents rather than keeping the current standard of relevance. The net result will be more ambiguity as to which documents are proper productions, and given the absence of discovery, a greater need to obtain full production of all “reliance” and all “adverse” documents.
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June 12, 2025
Determining income for child support: Lessons from Moggach v. Slattery
The Ontario Superior Court of Justice recently examined the complexities of determining income for child support purposes in Moggach v. Slattery, 2025 ONSC 2915. This case underscores the challenges associated with financial disclosure, the attribution of corporate income and the treatment of personal expenses deducted from business revenue. The decision highlights the importance of transparency in financial matters.
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June 12, 2025
Federal Court: CHRC complaint dismissal based on settlement offer unreasonable
The Federal Court has set aside the dismissal of a human rights complaint, noting that the decision of the Canadian Human Rights Commission (CHRC) not to proceed with the complaint in light of a settlement offer was inadequately explained and therefore unreasonable.
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June 11, 2025
Maxime-Arnaud Keable joins McCarthy Tétrault’s as partner
McCarthy Tétrault has welcomed Maxime-Arnaud Keable to its Quebec City office as a partner in the firm’s national litigation and dispute resolution group.
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June 11, 2025
Ontario Court of Appeal upholds lower court decision denying Amazon drivers’ $250M class action
In a victory for Amazon Canada, the Ontario Court of Appeal has upheld a lower court decision rejecting a proposed $250-million class-action lawsuit against the online retailing giant by 73,000 delivery drivers over alleged breach of employment contracts.