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Over the years, the courts have sought to protect the public interest in ascertaining the truth in civil litigation proceedings while at the same time affording protection to the privacy interests of the parties involved. The Court of Appeal for British Columbia recently addressed this issue in Duncan v. Lessing, 2018 BCCA 9, when affirming that the statutory tort of ...

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Over the years, the courts have developed various remedies to allow for the recovery of money in circumstances where fairness simply demands it. These remedies arise in situations where there is no legal or contractual relationship between the parties that might otherwise ground such a claim.  Situations like this arise where one person pays another sums of money under the ...

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Can a court bind something that knows no bounds? The Supreme Court of Canada did just that recently when it upheld a British Columbia Court of Appeal decision to grant an interlocutory worldwide injunction against Google, requiring it to de-index certain websites from its global search results, where such websites were being used to sell merchandise in violation of several ...

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Posted in Civil Procedure

On June 22, 2017, the Supreme Court of Canada (the "SCC") delivered its decision in Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32 [“Teal Cedar”]. The decision affirms the SCC's prior ruling that narrowly construes the types of issues which are questions of law for the purpose of an appeal to a court from an arbitration ruling in British Columbia, and mandates a ...

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Posted in Privacy

The Government of Canada has suspended the implementation of the private right of action in Canada’s anti-spam legislation (CASL).

The provisions in connection with CASL’s private right of action were scheduled to come into force on July 1, 2017.  They would have given people the ability to seek damages against those who contravene certain sections of CASL, including ...

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On May 18, 2017, the Supreme Court of Canada agreed to hear an appeal in an important case that could further define the nature and extent of the Crown’s duty to consult Aboriginal people, including the previously unresolved question as to whether the Crown’s duty to consult Aboriginal people can be triggered by legislative action.

Background – When Does the Crown Duty ...

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On April 19, 2017, in Humphreys v Trebilcock, 2017 ABCA 116 ("Humphreys"),  the Alberta Court of Appeal set out six "essential" questions that an adjudicator must ask in order to apply Rule 4.31, the "chronic delay" rule. Under the Alberta Rules of Court (the "Rules"), a party may apply to dismiss an action for undue delay pursuant to Rule 4.31 at any time in an action or Rule 4.33 ...

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Canada already has one of the world’s strictest regimes regulating commercial electronic messages, and, just in time for the country’s 150th birthday, the consequences for breach are about to get much more severe. On July 1, 2017, this regime will add additional teeth in the form of a private right of action, which could drastically increase the threat of legal ...

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Section 8 of the Interest Act, R.S.C. 1985, c. I-15, prohibits any "fine, penalty or rate of interest . . . that has the effect of increasing the charge on the arrears beyond the rate of interest payable on principal money not in arrears." Relying on this provision, borrowers often challenge fees and charges that borrowers levy when seeking to enforce a secured debt that has gone ...

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Fraudsters are very clever. Many set up elaborate commercial transactions for the purpose of absconding with someone else's money.  By the time the scheme is discovered, an innocent victim is usually out of pocket, often for large sums of money. In an effort to recover that loss, the victim often turns to other innocent parties who were unknowingly involved in the deal and ...

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This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.

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