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Eviction applications frequently pit the two sides of our
society against one another. The applicant is invariably the
property owner who has the resources necessary to access the civil
justice system. The Respondent or unlawful occupier – often a
person with little to no access to the resources necessary to
oppose it.
What is often less debated, is a situation involving family
members, where a family member allows another to occupy a property.
These are not recorded in writing and do not always follow the
In Caplan v. Atas, the Superior Court of Justice recognized a new common law tort of online harassment. This case reflects a departure from a recent decision of the Court of Appeal .
I am often asked how many children I have and I tend to respond jokingly (sort of) that I have 34 kids. In actual fact, that number is four with the ages being .
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On 20 January 2021, the Administrative Jurisdiction Division of
the Council of State (hereinafter: the Council of
State ) rendered a judgment in a case concerning the revocation
of a nature permit, which we believe has or may have serious
consequences for practice. In this blog, we analyse the judgment
and the answers to the questions (i) under what conditions can an
irrevocably granted nature permit be revoked, and (ii) whether,
since the legislative amendment of 1 January 2020, there is no
(longer) a permit requirement for projects that use internal
Canmar
5 was a
trend for a day or here to stay. This year, the Federal Court has
seen increased attempts by litigants to resolve matters more
expeditiously by way of dispositive motions. Summary judgment was
granted in three cases
6 and two
motions for default judgment were brought but dismissed based on
insufficient evidence.
ViiV Healthcare Company v. Gilead Sciences
Canada,
8 the Court held that
completion of discoveries is not a precondition to summary trial
such that resolution may be sought at very early stages of the
proceeding.
We saw the Federal Court grant summary disposition to (a)
dispose of claim construction argument,