e-LawgA Canadian Perspective on Intersections of Law and TechnologyCBC RSS Feeds- December 19, 2004 The CBC now has 23 RSS feeds to keep you up to date on the Canadian perspective.http://www.cacounsel.com/e-lawg/2004/12/19.html#a1277 Case Management Scrapped in Toronto- December 18, 2004 The existing case management pilot project in Toronto is being scrapped.Control over cases is being returned to the litigants and their counsel. The Practice Direction can be found here.http://www.cacounsel.com/e-lawg/2004/12/17.html#a1276 Class Action Against Native Residential School Certified- December 18, 2004 A unanimous Ontario Court of Appeal reversed the motion judge and the divisional court on the issue of whether a class action was the appropriate approach to address claims of former students of a native residential school. A main issue was the commonality issues: "Nevertheless, it is my view that whether the respondents owed legal obligations to the class members that were breached by the way the respondents ran the School is a necessary and substantial part of each class member&146;s claim...http://www.cacounsel.com/e-lawg/2004/12/17.html#a1275 Court of Appeal Discusses Test for Setting Aside a Signed Release- December 18, 2004 In 561895 Ontario Inc.v. Metropolitan Trust Company of Canada, the Ontario Court of Appeal recognized the courts: &147;well established policy in favour of upholding and enforcing settlements agreed upon by litigants, or potential litigants, absent evidence of fraud, mistake of fact or unconscionability&148;. The Court then considered the elements of fraudulent misrepresentation: "It is common ground before this court that the elements of fraudulent misrepresentation are: (1) that the...http://www.cacounsel.com/e-lawg/2004/12/17.html#a1274 Choice of Law- December 18, 2004 In Roy v. North American Leisure Group Inc., the Ontario Court of Appeal had to consider choice of law rules.The plaintiffs had allegedly contracted an airborn virus on board a cruise ship. The operator had a choice of law clause in its contract selecting the law of England. The plaintiffs had missed the limitation period if the law of England applied. The motion judge had determined that Canadian law applied. The Court of Appeal disagreed. Following Tolofson, the Court held that the...http://www.cacounsel.com/e-lawg/2004/12/17.html#a1273 |