Canada (Attorney General) v Thouin, 2015 QCCA
2159 will consider the Competition Bureau’s immunity
from examination for discovery in civil matters dealing with
substantially similar issues. This case arises out of a Competition
Bureau investigation into an alleged conspiracy by oil companies
and retailers to fix gas prices in Québec. After the Bureau
closed the investigation, plaintiffs commenced a civil class
action. The class action plaintiffs seek to examine the Competition
Bureau’s chief investigator for discovery on all facts
relevant to the case. The court will consider the Attorney
General’s objection to the chief investigator’s
The court will consider the applicability of proprietary
estoppel in Cowper-Smith v Morgan, 2016 BCCA 200
[Cowper-Smith]. The doctrine of proprietary estoppel
permits parties to ground a claim for transfer of land based on a
gratuitous promise made in the absence of consideration. The
testatrix in Cowper-Smith had executed a title transfer
and Declaration of Trust providing that, upon her death, her home
would absolutely transfer to her daughter, Gloria. She then
executed a will leaving a third of her estate to each of her three
children. Gloria convinced Max, one of the testatrix’s sons,
to leave his home to care for their mother in exchange for the
right to purchase Gloria’s third of the interest in the
testatrix’s house after her death. The sons expressed concern
that Gloria held joint title with the testatrix on the property,
but Gloria assured them that the joint title did not affect her
intention to sell the property. After the deceased’s death,
however, Gloria maintained that she owned the house absolutely. The
sons brought an action that the house was subject to a trust in
favour of the estate and Max claimed he was entitled to purchase
Gloria’s interest under the doctrine of proprietary
The court will consider civil contempt of court for
self-represented litigants in Pintea v Johns, 2016 ABCA 99. The
applicant began an action in 2005. He then moved to a new home
without filing a change of address with the court. He did not
receive future notices, nor did he attend a further case management
meeting. The case management judge ordered that he be served with a
notice advising that if he did not appear in one week, he would be
found in contempt and his action would be struck. He did not
receive notice of the meeting, nor did he attend. Bennett Jones is
counsel to the National Self-Represented Litigants Project, which
is intervening in the appeal.
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The Law Society of Upper Canada, which governs the practice of law in Ontario, has rewritten one of its rules of professional conduct to create greater clarity for lawyers on how assertively they may represent clients...
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