Category: Civil Litigation and ADR

Supreme Court decides that no evidence can be proof

It is rare that I read a Supreme Court of Canada decision where my initial reaction is “have you completely lost the plot?“, but unfortunately the Court’s decision in British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority produced exactly that reaction. The SCC decided, in essence, that an administrative tribunal was free, using its […]

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SCC won’t hear BMO v. Spence appeal

Jacqueline M. Demczur of Carters notes that the Ontario Court of Appeal decision of Spence v BMO Trust Company will thus stay the law in Ontario.  “The Spence Case arose out of a dispute between Eric Spence’s estate and Verolin Spence, Eric’s daughter (“Verolin”), when Verolin was excluded from Eric’s Will. The claim made by Verolin was that […]

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Academia and Practice: a long-divorced unhappy couple

An American article, advanced for interest’s sake, so adjust for that. I make no Canadian comparisons: “Why Don’t Law School Professors Have Practical Experience These Days?“. That said, it has been many, many, many years since I found any academic article useful in litigation. I recall citing some early in my career, but the ones […]

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Vexatious Litigant decision, Terracorp et al. v. John Shane Becky et al.

A judge has jurisdiction under the Courts of Justice Act to find that an appellant is a vexatious litigant and, as a consequence, to order that no further proceedings be instituted by them without leave of the Court.  A s. 140 order does not deny a vexatious litigant access to the courts. The additional initial […]

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Standards have to be evenly applied

“[H]aving standards of respectable civic discourse is not a bad thing. But standards that are applied unilaterally to one side are not standards, they’re weapons.” Daniel Greeenfield, Front Page magazine, June 8, 2016

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“Supreme Court Tightens Standard of Review for Contract Interpretation”

WeirFoulds LLP’s Kenneth Prehogan:  “Following upon the recent decision of the Supreme Court of Canada in Heritage Capital Corporation v. Equitable Trust, 2016 SCC 19, it will be significantly more difficult to successfully appeal decisions of trial court judges in contract matters. The Supreme Court ruled on May 6, 2016 that the applicable standard of review for […]

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ALL Small Claims forms can now be submitted online

From the Attorney General’s press release: “Now, all small claims up to $25,000 can be filed online through a convenient, around-the-clock service including claims for amounts that are not definite or exact, such as an award for property damage or personal injury.” “There are two convenient ways to file online: ‘Filing Wizard’ can help people […]

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OHRT makes steakhouse pay $12k after ignoring germaphobe’s requests

Steakhouse loses $12,000 human rights tribunal ruling after ignoring germaphobe’s requests This is a very worrying case.  To my eye it stretches the human rights requirement of “reasonable accommodation” out to “whatever he says he wants”.

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“Cause of Action” – What is it?

A cause of action is ‘the fact or facts which give a person a right to judicial relief”. A right to a judicial relief without any facts backing up does not give rise to a cause of action. Equally, not every fact or situation or problem or loss or negative event gives right to judicial […]

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The “common law” & how it’s different from “equity” & “statutory law”

Defined The “common law” is made up of those principles and “causes of action” relating to the government, property rights and personal rights including physical security which derive their authority solely from usages and customs or from the judgments and decrees of the courts recognizing, affirming and enforcing such usages and customs. It is law […]

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