Litigation

Construction project? Make sure you know the risks involved. Join us for a free workshop November 2.

October 24th, 2016 by Iler Campbell

construction

Join us at at our offices 9 am on Wednesday November 2 for this free workshop led by Safia Lakhani. Spaces are very limited! Email info@ilercampbell.com to save your spot.

Getting it Done: How to Reduce Risk with your Construction Project
Whether you are completing building maintenance and upgrades or conducting larger-scale renovations, there are multiple risks associated with construction jobs. This session will explore ways for co-ops, condominium corporations, non-profit housing organizations, and others embarking on small or large-scale construction to mitigate risks, including: a. knowing the parties to the contract; b. properly reviewing your contract documents; and, for larger scale jobs, c. ensuring there is a bond in place from your general contractor.  We will also review  owners’ obligations under the Construction Lien Act, the provincial statute that outlines the rights and obligations of owners, landlords, contractors, and sub-contractors with respect to construction. There will be time set aside for questions.

This session is also a great opportunity for participants/attendees to get to know one another! We look forward to seeing you.

Access to justice crisis: 15 years too long to wait for solutions

March 26th, 2015 by Celia Chandler

We have all heard about Canada’s increasingly underfunded legal aid programs, escalating private market legal costs, and the scarcity of lawyers, especially in smaller, rural and remote communities. This has resulted in what many have termed an access to justice crisis. Indeed, the Canadian Bar Association has set targets for 2030 to equalize access to civil justice, as reported in this column in August 2013. The Toronto Star recently reported on programs in New York City, Windsor, and England and Wales where Self-Represented Litigants (SRLs) get support from students and other advisers who are not lawyers but have some training to find their way through the system — significant in those jurisdictions. But 2030 is 15 years down the road and a long wait for large‑scale system change; in the meantime, we have to live with the significant negative consequences to the legal system.

Read more on rabble.ca

Fighting it out on the ice: Canadian Bar Association skates into (and then out of) huge Chevron vs Ecuadorian villagers court battle

October 30th, 2014 by Kirsten Iler

A storm of controversy erupted amongst Canadian lawyers when the Canadian Bar Association (CBA) decided to intervene in Chevron’s appeal to the Supreme Court of Canada. The appeal is part of Chevron’s battle against Ecuadorian Indigenous peoples who seek to enforce a massive court judgment against the company for environmental damage in Ecuador. Amid increasing pressure, the CBA ultimately decided not to intervene. However, the event speaks to an apparent divide within the legal profession: around the relationship and importance of corporate law principles (such as the corporate veil), corporate accountability, and access to and the administration of justice.

Read more on rabble.ca

Protecting public debate through anti-SLAPP legislation

August 28th, 2014 by Shelina Ali

Last week, Greenpeace Canada filed a defence in a claim by Resolute Forest Products Inc. This was the result of a failed motion by Greenpeace to have Resolute’s claim for intentional interference with economic relations dismissed by the Divisional Court of Ontario, together with an order requiring Greenpeace to pay $20,000 in costs. According to Resolute’s claim, Greenpeace widely distributed the Unsustainability Report on Resolute, together with other targeted communications to customers, investors and stakeholders, which harmed Resolute’s business, goodwill and reputation.

In response to the filing of its defence, Greenpeace stated that Resolute benefited from filing its claim in Ontario instead of Quebec where Resolute’s headquarters were located, because Ontario did not have legislation designed to prevent what are referred to as Strategic Lawsuits against Public Participation (SLAPPs).

Read more on rabble.ca

Justice Quinn upholds costs protection for public interest litigants in municipal campaign financing case

January 23rd, 2014 by Laura Bowman

In Lancaster v. Compliance Audit Committee et al., 2013 ONSC 7631 (CanLII) Justice Quinn discussed in detail the principles that should apply to an award of costs against a public interest litigant.  In that case an appeal was brought regarding an audit committee decision not to investigate a campaign finance issue under the Municipal Elections Act.

The elector, Lancaster, made an audit complaint relating to the campaign finances of various individuals and when the audit committee under the Act ended the audit proceedings, appealed to the Ontario Court of Justice under s.81(6) of the Municipal Elections Act.  The Ontario Court of Justice dismissed the appeal.  The elector then appealed to the Superior Court of Justice, who dismissed the appeal again.

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When in doubt, report: Castonguay Blasting upheld at SCC

October 21st, 2013 by Laura Bowman

Last week the Supreme Court of Canada unanimously upheld the Court of Appeal’s decision in the Castonguay Blasting case, which I have previously written about.  Despite numerous critics of the Court of Appeal’s decision from the environmental law bar, the Supreme Court made the right decision and upheld the Court of Appeal’s ruling that all discharges of contaminants are reportable under the Ontario Environmental Protection Act.

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