Civil Litigation
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May 29, 2025
B.C. Court of Appeal decision offers clarity on assessing injunctions in nuisance cases
In a nuisance complaint over a village gas station in British Columbia’s West Kootenays, the B.C. Court of Appeal has ruled that a trial judge erred by failing to properly consider a permanent injunction — but upheld her decision to grant only damages due to mitigating factors.
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May 29, 2025
B.C. court: ITA no bar to refund of tax overpayments per court-ordered priorities
The British Columbia Court of Appeal has held that tax overpayments from a foreclosure sale remain subject to the priorities in the sale order, rejecting the CRA’s argument that such funds can only be refunded to the taxpayer.
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May 29, 2025
Is it a rabbit or a duck? Why lawyers must be storytellers
Every lawyer has been there. We have laid out the facts. We have cited the law. We have prepared what we believe is a clear and persuasive argument. And yet the court saw something else — something that seems, at first glance, unrecognizable.
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May 29, 2025
Judge blows the cap on retroactive child support
Not every case has such juicy facts like those in Jansen v. DiCecco, 2025 ONCJ 189, in which a father was ordered to pay $899,811 forthwith in back child support for 22 years.
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May 29, 2025
N.B. environment standing committee adopts action plan
The New Brunswick government’s environmental standing committee has developed an action plan for this year and the next.
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May 29, 2025
Appellate decision lays foundation for civil liability of regulators who trample privilege
The British Columbia Court of Appeal’s recent decision, Lamarche v. British Columbia (Securities Commission), 2025 BCCA 146 (Lamarche), confirms that a regulator may face civil liability if it does not appropriately protect privilege during an investigation. The decision focuses on the tort for intentional breach of privacy under the British Columbia Privacy Act, but it has wider implications given similar statutory privacy torts in other provinces and similarities to the common law privacy tort.
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May 28, 2025
Federal Court rules new trademark expungement evidence admissible in appeals
The Federal Court has clarified that evidence of expungement of a trademark relied upon in opposition proceedings is admissible as new material evidence on appeal.
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May 28, 2025
Federal Court allows motion in part in case of trademark infringement of skincare devices
The Federal Court has allowed a motion in part, finding that the defendant violated trademark rights and caused confusion to consumers in relation to anti-aging facial treatments.
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May 28, 2025
Truck driving school was treated unfairly by career college authority, Ontario court rules
Ontario’s superintendent of career colleges Charlotte Smaglinski violated procedural fairness when she forfeited a truck driving school’s $97,000 security bond without notice, forcing the family-run school out of business, an Ontario court has ruled.
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May 28, 2025
Length of service one factor to be considered while undertaking ‘true employer’ test: Alberta court
Alberta’s top court has ruled the provincial labour relations board was wrong to overturn a decision by an arbitration panel that had determined Alberta Health Services (AHS)’s use of outside workers at a continuing care centre was good faith contracting out allowable under its collective agreement with the provincial nurses’ union.