WestlawNext Canada insight Blog

News and Views Archives : 2015

Recent decision in which the court awarded costs against the Children’s Aid Society for improperly obtaining an ex-parte order.

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The sale of a golf course under receivership was approved by the Court, in opposition to the wishes of the first mortgagee, who wanted to redeem the first mortgage.

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The Court of Appeal refused to hear D's attempts to challenge the constitutionality of the Code's criminal negligence provisions, since they were made without notice to the Crown and never mentioned at trial.

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S.C.C. rules on Criminal Code's s. 515(10)(c) balancing test for detention in custody of an accused.

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Court of appeal holds spousal incompetency rule does not extend to common law spouses.

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Recent Court of Appeal decision in which pleadings were struck for failure to comply with financial disclosure orders.

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Supreme Court holds ban on cannabis derivatives infringes security of the person.

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Recent decision in which the judge ruled on a motion for interim custody by creating a nesting arrangement.

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In Reckitt Benckiser LLC v. Jamieson Laboratories Ltd., the Federal Court applied the tri-partite test and granted an interlocutory injunction to restrain Jamieson from selling essentially the same product into the same channels as Reckitt Benckiser’s registered trademark.

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Recent decision which dealt with the use of illegally obtained evidence and hearsay in a high-conflict custody dispute.

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Ontario Court of Appeal finds Rule 53.03 disclosure requirements apply only to expert witnesses retained by parties.

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Recent decision which found that a provincial court judge had the discretion to order the repayment of an overpayment of spousal support.

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