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Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation examines a case involving the power of courts to order lawyers to continue acting for clients. In a class action related to vaccine litigation, a lawyer filed a notice of discontinuance that removed certain plaintiffs from the case. Those plaintiffs later applied to have their claims reinstated, arguing that they had not consented to the discontinuance. The court reinstated the claims and went further, ordering the same lawyer who had filed the discontinuance to continue acting for them. The lawyer objected, arguing that communication problems and professional obligations created an ethical conflict that made it impossible to continue representing the clients. The Supreme Court of Canada declined to hear the appeal.

Ordering Lawyers to Act: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation examines a case about delay in civil proceedings and the consequences of failing to advance a lawsuit. In a dispute between two companies, a claim was filed in court but no steps were taken to move the case forward for nine years. As a result, the court dismissed the action for delay. The plaintiff applied to have the dismissal set aside, arguing that the result was unjust, but that request was denied. The decision was upheld on appeal, and the Supreme Court of Canada declined to hear the case.

Delay in Civil Matters: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »