Insider

It is sometimes suggested that it is better to ask forgiveness than to ask for permission. That kind of locker-room advice was never good advice in a marriage and is not particularly useful in court either.

This digest highlights a Supreme Court of Canada decision which allowed an appeal from licensing decisions of the Copyright Board, holding that the Board failed to consider the principles of technological neutrality and balance.

Action against Crown for defendants alleging public misfeasance, abuse and excess of jurisdiction, abuse of process, negligence, and breach of various constitutional obligations was not a claim that could be resolved through Federal Court Rule 369.

Salehi v. Assn. of Professional Engineers of Ontario (2016), 2016 ONCA 438, 2016 CarswellOnt 8611 (Ont. C.A.) at para. 8 Feldman, Rouleau and Huscroft JJ.A.

Creditors have better memories than debtors. Benjamin Franklin, circa 1758

This digest highlights a recent Ontario Superior Court of Justice decision where the Court allowed the plaintiff’s action against the defendant’s estate personally, holding that the limited degree of notice provided by the defendant by using the words “transport company” did not create an obligation on the plaintiff to investigate whether he was doing business with a corporation.

Text messages sent by complainant in the midst of the events in question were admitted as evidence under the principled approach to hearsay

Agreement to deduct gasoline fuel that defendant purchased from defendant's wages was of no force and effect pursuant to Saskatchewan’s employment standards act

Grand Erie District School Board and OSSTF, District 23 (Zurby), Re 2016 CarswellOnt 10186 Ontario Arbitration

This digest highlights a recent Alberta Court of Appeal decision where the Court upheld a lower court’s decision dismissing an oppression application, holding that an expectation based on loss of an opportunity, without proof that such opportunity was more than merely speculative, is insufficient to ground an oppression claim.

Dyer v. Dyer (2016), 2016 BCSC 1115, 2016 CarswellBC 1668 (B.C. S.C.) at para. 53 Pearlman J.

The British Columbia Supreme Court reviews the circumstances under which solicitor-client privilege may be granted.