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La Cour suprême reconnaît le délit d’intimate partner violence fondé sur le contrôle coercitif dans une relation intime et confirme 100 000 $ en dommages compensatoires.
The Supreme Court of Canada recognized a new tort of intimate partner violence, holding that coercive control in a marital relationship can create a distinct civil wrong.
Court of Appeal upheld a permanent stay of two related actions against Barrick Gold, finding Tanzania was the clearly more appropriate forum and rejecting fresh evidence.
The Tribunal dismissed Becky Blaine’s human rights complaint after she failed to file an SOP and repeatedly refused to comply with directions.
The Court of Appeal of Yukon denied special and increased costs, awarding the successful appellant costs at Scale 2 because the appeal was of more than ordinary difficulty or importance.
The Ontario Court of Appeal granted intervention motions in a class-action appeal about the Ragoonanan principle, imposing tight limits on factums, reply rights, and oral argument.
The motion judge did not misapprehend or fail to consider material evidence; weighing efficiency, fairness and comity factors, Quebec is the clearly more appropriate forum for the dispute (given Foundation contacts, contracts and evidence), the stay of the Newfoundland and Labrador action is upheld, and post-decision Quebec proceedings were admissible as additional evidence on appeal under the Palmer/rule 37 test.
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The Court of Appeal for Ontario dismissed a fee waiver request, holding that household income includes a spouse’s income and speculative MEA prosecution risk does not establish undue hardship.
Appeal from refusal to certify a proposed class action dismissed. The Court held the chambers judge reasonably found a pension scheme and individual issues made a class proceeding not preferable.
The Court held the applications judge did not err in declining to order a summary trial because the plaintiff's general credibility was central to proving liability and the only realistic way for the defendant to test veracity was through full viva voce examination and cross-examination at a conventional trial; the applications judge properly exercised discretion under Rule 17A.03(2) and in light of governing authorities and access to justice principles the appeal is dismissed.
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