September 19th, 2017
The Court of Appeal for Ontario has dismissed the City of Windsor’s appeal of a December 28, 2016 order releasing and discharging an easement held by the Windsor International Airport over adjacent lands. The successful respondent on the appeal, the former owner of the adjacent lands, argued that the Airport’s easement, relating to an approach runway lighting system, was no longer of any use. The respondent was represented by Shaun Laubman and Niklas Holmberg. A copy of the Court of Appeal’s Endorsement dismissing the appeal can be found here: Endorsement
September 18th, 2017
From September 11 – 15, 2017, LOLG lawyers appeared before the Associate Chief Justice of Ontario on behalf of the Canadian Civil Liberties Association to argue that the federal law permitting solitary confinement of inmates is unconstitutional. The high-profile, week-long hearing was the culmination of two years of litigation against the federal government. The CCLA asked that the Court strike down the federal law as unconstitutional because it permits indefinite confinement and confinement of young adults under the age of 21 and those with serious mental illnesses, and because there is no independent oversight of a prison warden’s decision to place or keep an inmate in confinement. The CCLA presented voluminous medical evidence of the mental and physical harms caused by being locked alone in a cell for 22 or 23 hours a day and submitted first-hand evidence from inmates who have been kept in confinement for years.
LOLG lawyers, Jonathan Lisus, Larissa Moscu and Fahad Siddiqui, acted as pro bono counsel to the CCLA, along with a team from McCarthy Tetrault. The decision is currently under reserve.
The case represents the first constitutional challenge to the confinement provisions in the Corrections and Conditional Release Act. It has gained significant media attention, some of which is excerpted below.
September 15th, 2017
On September 14, 2017, Andrew Winton spoke at a Law Society of Upper Canada’s continuing legal education program entitled “The 12-Minute Civil Litigator”. Andrew’s topic was “Electronic Trials”.
August 30th, 2017
Terry O’Sullivan, Paul Michell and Zain Naqi acted for the appellant, Andrus Wilson, in obtaining leave to appeal and on appeal to the Supreme Court of Canada in Wilson v. Alharayeri, 2017 SCC 39, now the leading case concerning when personal liability may be imposed on a director for oppression under the Canada Business Corporations Act. To read a copy of the Judgment, click here: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16724/index.do
August 23rd, 2017
In a recent commercial arbitration, Rocco DiPucchio and Andrew Winton successfully responded to a motion for partial summary judgment to enforce a contract between shareholders of a private corporation. The complainant sought a declaration that the responding party had agreed to purchase the complainant’s shares at a price to be agreed or determined by an arbitrator. The arbitrator held that the parties had not entered into an enforceable contract and that the terms the complainant was seeking to enforce amounted to no more than an agreement to agree.