Articles

CBA Members

Civil
Writes

CBA Civil Litigation Section

CBA Civil Litigation Section articles are published under the banner Civil Writes. Members interested in posting articles are encouraged to send them to the Section’s Communications Officer.

Today
Today

Bar fights – You cannot blame the bar

  • May 16, 2015
  • Nabeel Peermohamed

Even when a bar fight can be seen coming from a mile away, fuelled by patrons who had been exhibiting “anti-social behaviour,” an Alberta court ruling says the bar cannot be held liable for the injuries that ensue, writes Nabeel Peermohamed.

Civil Litigation

Slips and falls: Tenants not liable for common areas

  • April 02, 2015
  • Nabeel Peermohamed

If a visitor slips and falls in the common area of a condo I’m renting, am I responsible? Not according to the Alberta Court of Appeal’s decision in Murkute, says Nabeel Peermohamed of Brownlee LLP, in a look at the case.

Civil Litigation

Stout v. Track: The minority mathematician

  • April 02, 2015
  • Nabeel Peermohamed

The Alberta Court of Appeal reached a majority decision in Stout v. Track to uphold summary dismissal of the case. Justice Wakeling’s mathematical approach for placing upper and lower percentage bounds for a claim’s likelihood of success…

Civil Litigation

New Brunswick sets new discount rate

  • March 30, 2015
  • Darren G. Blois

Darren G. Blois, with Murphy Collette Murphy in N.B., looks at the province’s new discount rate rule which allows plantiffs to lead “evidence to the contrary” about whether an actual discount rate is above or below the statutory 2.5 per cent.

Civil Litigation

Message from the Chair

  • November 01, 2014
  • Daniel Glover

Section Chair Daniel Glover talks about his proposal that the Section begin exploring “a regular dialogue” with the CBA Judges Forum, with the aim of having litigators and judges "working together in a spirit of collegiality."

Civil Litigation

CBA interventions: A litigation perspective

  • November 01, 2014
  • David Demirkan

Section Vice-Chair David Demirkan looks at CBA interventions – how the association decides (or decides not) to intervene in cases before the SCC, and provides some background perspective on those decisions in two recent cases, Nadon and Chevron.

Civil Litigation

Using social media in Canadian litigation

  • November 01, 2014
  • Jason Kully

Social media is a growing presence in Canadians’ lives, and social media evidence is a growing presence in Canadian courts. Jason Kully discusses the intersection – and the paradox – of public spaces and private information.

Civil Litigation

Message from the Chair

  • May 01, 2014
  • Bill Veenstra

Civil Litigation is one of the largest Sections within the CBA, but given the provincial nature of most civil litigation practice, and the differing procedural and substantive rules across the country, many members focus their involvement locally…

Civil Litigation

Reference, re Justice Nadon: lessons in intervention

  • May 01, 2014
  • Daniel Glover

It will take more than an act of Parliament to change the rules regarding who is eligible to sit on the SCC, the court said in a March 21, 2014 response to the federal government’s attempt to appoint a Federal Court judge from Quebec to the bench.

Civil Litigation