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Dec 22, 2011

Quiz: U.S.-Canada cross-border estate issues

How would you resolve these case situations?

Batty v City of Toronto: Municipalities at Forefront of Occupy Movement

As part of the global “Occupy Wall Street” movement throughout October and November, many Canadian municipalities found their parks occupied by protesters. With little public space available…

Dec 21, 2011

Case Law Update: Newfoundland and Labrador Nurses’ Union v. Newfoundland and Labrador (Treasury Board)

Administrative Law Role and Adequacy of Reasons Dunsmuir principles of “justification, transparency and intelligibility”

To Seek a Stay or Not to Seek a Stay

Is seeking a stay of foreign proceedings a prerequisite to obtaining an anti-suit injunction in Canada?

Dec 20, 2011

Litgation Update – December 2011

Six case law updates released between November and December 2011.

Case Law Update: Nor-Man Regional Health Authority v Manitoba, 2011 SCC 59

Administrative Law Labour Law Standard of Review-Labour Arbitration

Case Law Update: Combined Air Mechanical Services Inc v Flesch

Ontario Rules of Civil Procedure Summary Judgment

Case Law Update: Batty v City of Toronto: Municipalities at Forefront of Occupy Movement

The Occupy Toronto Ruling: Batty v City of Toronto

Case Law Update: In the Matter of the Bankruptcy of TNG Acquisition Inc. (successor estate of NexInnovations Inc., a bankrupt) of the City of Mississauga, in the Province of Ontario

Landlord and tenant Repudiation of Lease Companies’ Creditors Arrangement Act Proceedings

Case Law Update: Quebec (Attorney General) v Canada (Human Resources and Social Development)

Constitutional law Federal paramountcy Crown immunity

Dec 1, 2011

Myopic Stubbornness and Other Hazards: A few of the interesting cases of 2011

The Courts (and litigators) just can’t seem to get enough of fascinating legal expressions, such as “piercing the corporate veil”, “spent breach”, and “estoppel”. In leasing litigation…

Jurisdiction to Review Trustee Discretion – Case Comment on two UK Appeals Pitt v. Holt, Futter v. Futter

Please download the PDF to see the full article.

Nov 28, 2011

Supreme Court rules on safe injection site

Reproduced with permission of the publisher from Health Law in Canada, Vol. 32, No. 2, November 2011. The Supreme Court of Canada unanimously ordered that the federal…

Nov 18, 2011

Canadian Competition Authorities send message to Vendors and Purchasers: You’re in this together

Vendors selling their business need to consider the potentially anti-competitive effects of proposed transactions, according to recent proceedings at the Competition Tribunal of Canada. If the Competition…

Nov 16, 2011

Case Law Update: R v Côté

Constitutional law Canadian Charter of Rights and Freedoms s. 24(2) Exclusion of evidence

Case Law Update: Canada (Canadian Human Rights Commission) v Canada (Attorney General)

Administrative Law Remedial Jurisdiction Canadian Human Rights Act Legal Costs Standard of Review Statutory Interpretation

Case Law Update: Mexico v Cargill, Incorporated

North American Free Trade Agreement International Arbitration Standard of Judicial Review

Case Law Update: W.J. Holdings Limited v City of Toronto

Municipality Civil Contempt Conditions on Demolition Permits

Litigation Update – November 2011

Seven case law updates released between October and November 2011.

Case Law Update: British Columbia (Workers Compensation Board) v Figliola

Administrative Law Human Rights Tribunal Jurisdiction

Case Law Update: Crookes v Newton

Libel and Slander Hyperlinks Publication Innocent Dissemination

Case Law Update: Lax Kw’alaams Indian Band v Canada (Attorney General)

Constitution Act, 1982 Aboriginal Rights Proof

Nov 10, 2011

An Unprecedented Decision in Municipal Conflict of Interest Law – Tuchenhagen v Mondoux

Every municipal councillor and municipal legal advisor in Ontario should review carefully both the majority and dissenting judgments in this Divisional Court decision released October 26, 2011,…

Nov 1, 2011

Doing Business in Ontario: An Overview of Environmental Protection Law – 2011

This guide provides a brief overview of the main elements of environmental protection law in Ontario. Its main objective is to identify the principal structural elements of…

Oct 20, 2011

Case Law Update: Canada (Attorney General) v PHS Community Services

Constitutional Division of Powers Interjurisdictional Immunity Canadian Charter of Rights and Freedoms Life, Liberty and Security of the Person Principles of Fundamental Justice Ministerial Discretion

Case Law Update: The Corporation of the Municipality of Meaford v Grist et al

Shoreline Dispute Public Highway Summary Judgment Registry Act

Case Law Update: The Sovereign General Insurance Company v Walker

Insurance liability coverage Notice of action Who may give notice s 129 of the Insurance Act Relief from forfeiture

Nasty neighbours dispute resolved on the public purse: The lessons learned

The Town of Meaford waded into a private property dispute between neighbours and spent significant public resources after doing so.

Case Law Update: Canadian Broadcasting Corporation v Ontario

Civil Procedure Appeals Jurisdiction

Case Law Update: Smith v Inco Limited

Environmental Contamination Nuisance Strict Liability Application of Limitation Period in Class Actions

Litigation Update – October 2011

Seven case law updates released between August and October 2011.

Case Law Update: Landmark II Inc v 1535709 Ontario Limited

Construction Liens Value of a Claim for Lien s 35 of the Construction Lien Act

Case Law Update: TA & K Enterprises Inc v Suncor Energy Products Inc

Franchise Arthur Wishart Act Disclosure Document One-year Term Franchise Fee

Oct 18, 2011

Working in Canada: An Overview of Employment Law

Among the most challenging and complex issues faced by businesses, governments, organizations and individuals are those that arise in the workplacein the relationships between management and employee,…

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Batty v City of Toronto: Municipalities at Forefront of Occupy Movement