National Energy Board and safety rules for construction near pipelines
The National Energy Board (NEB) is proposing changes to three regulations1 governing construction and excavation activities around NEB-regulated pipelines, two of which have not been updated since they came into effect in 1988. For context, according to Alberta’s Energy and Resources Conservation Board, construction damage was the third most common cause of pipeline failure in...
Continue reading the post titled National Energy Board and safety rules for construction near pipelinesSue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”
A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, upheld Justice Morgan’s refusal to stay an Ontario class action despite the authorization of a nearly identical...
Continue reading the post titled Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”Navigating self-representation at court: Understanding legal costs and awards
Starting a lawsuit can be unpleasant, costly, and time-consuming. The legal system is not intended for self-represented parties, but sometimes people have no choice but to represent themselves. Sometimes, self-represented parties lose their case. Sometimes, they prevail. Typically, when a party wins at trial, they receive compensation for damages, and also something called a costs...
Continue reading the post titled Navigating self-representation at court: Understanding legal costs and awards
Entering Canada as a business visitor: Essential requirements
In this blog, I will discuss the prerequisites for entering Canada as a business visitor, while also touching upon instances where a work permit is necessary or where a work permit exemption may be applicable. Our immigration team consistently receives inquiries from Canadian companies and organizations seeking to host foreign nationals on business visits to...
Continue reading the post titled Entering Canada as a business visitor: Essential requirementsWhat does it mean to witness a document?
The pandemic has changed how the world does business. People can buy, sell, and contract without ever meeting face to face. This new digital age emerged from necessity and has grown because of technology like Zoom, TitanFile, and DocuSign. But with this new convenience also comes a new set of considerations. Take DocuSign for example....
Continue reading the post titled What does it mean to witness a document?Current processing times of grant of citizenship and proof of citizenship applications in Canada
Grant of Canadian citizenship Obtaining Canadian citizenship requires you to complete several steps and it is not a quick process. A foreign national must first become a permanent resident of Canada and meet eligibility requirements before applying for Canadian citizenship. People over the age of 18 (and some minors) must have been physically present in...
Continue reading the post titled Current processing times of grant of citizenship and proof of citizenship applications in CanadaFederal Court grants injunctive relief against interfering law firm – Moushoom v Canada (Attorney General)
In August 2022, the Federal Court released its decision in Moushoom v Canada (Attorney General), 2022 FC 1212 (“Moushoom”), granting the Plaintiffs’ motion for an interlocutory order that no legal professionals other than class counsel, the Plaintiff Assembly of First Nations, or the Court-appointed administrator publish communications to class members regarding the class proceedings. Moushoom...
Continue reading the post titled Federal Court grants injunctive relief against interfering law firm – Moushoom v Canada (Attorney General)Can the insurer “spy” on me?
During a personal injury claim, you may discover that you are being followed, videotaped, and photographed. While undoubtedly uncomfortable and intrusive, “surveillance” is legal and is quite common. The purpose and impact of surveillance During a personal injury claim, the lawyer for the defendant insurance company often uses surveillance to challenge the severity of your...
Continue reading the post titled Can the insurer “spy” on me?Beyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.
In multi-party litigation, situations may arise where one or more defendants are inclined to settle a plaintiff’s claims while others are not. In these circumstances, the settling defendant may execute a settlement agreement with the plaintiff called a Pierringer agreement. Essentially, Pierringer agreements allow one or more settling defendants to withdraw from the plaintiff’s action while the...
Continue reading the post titled Beyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.Intervenor beware! – Brewers Retail v. Campbell
In Brewers Retail v Campbell, 2022 ONSC 2795, Justice Morgan dealt with costs in “procedurally unusual circumstances”: the Financial Services Regulatory Authority (“FSRA”), Ontario’s pension regulator, was granted intervenor status to oppose a consent motion for certification for settlement purposes and sought its costs. This was a class action in respect of a proposed class...
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