Almost the only member of the press to notice, Julius Melnitzer recently reported an Ontario Court of Appeal decision that held the Royal Bank of Canada had no right to freeze accounts belonging to one of its customers by simply starting a lawsuit. The case turned on the application of a little known (but much loved by litigators) section of the Bank Act: section 437(2). This ...
The court process in Canada’s two western most provinces have much in common. Prominently, new Rules of Civil Procedure has come into effect in both British Columbia and Alberta in the last 8 months. Rules of Civil Procedure, often called Rules of Court, establish the procedures by which lawsuits are commenced and proceed in the superior courts of each province.
In British ...
A few months ago on this blog, my colleague Marko Vesely posted an excellent piece on “Defamation and Libel Meets Twitter”. For those of you who just want the “take-home”, the ultimate message remains the same - with every Facebook update, blog post or “tweet”, in the eyes of the law you are “publishing” and that makes defamation and libel applicable to you! ...
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