In White Burgess Langille Inman v. Abbott and Haliburton Co., a must-read decision for anyone involved in litigation, the Supreme Court of Canada tackles some of the difficult questions associated with how to properly deal with the proposed evidence of potentially biased experts.… Continue Reading
In Laushway v. Messervey, the Nova Scotia Court of Appeal recently established a framework to be applied when a litigant seeks production of electronic information found on an opposing party’s computer. The decision, which was mentioned in an earlier post, recognizes that electronic information may be both directly relevant and also very private, and that courts will increasingly be called upon to address this issue. Although the decision is grounded in Nova Scotia’s procedural rules, the framework established by the Court of Appeal will likely be influential across the country.
Background and the Decision Below
Mr. Laushway, the … Continue Reading
The Nova Scotia Court of Appeal recently addressed what the government must do to ensure a fair process takes place before making an order transferring private land to a mining company. In Higgins v Nova Scotia (Attorney General), 2013 NSCA 106, the Court considered the first vesting order made by the Minister of Natural Resources (the Minister) pursuant to the Mineral Resources Act, SNS 1990, c 18 (MRA) in Nova Scotia.
The Court found that the Minister must only provide an affected owner with the chance to make submissions prior to divesting him of title… Continue Reading
This was an appeal by Burton Canada Company (“Burton”) of the decision of the Chambers Judge, Justice Gregory M. Warner, dismissing Burton’s application for summary judgment. The decision of Justice Warner was upheld, and the appeal dismissed. This decision may have far-reaching implications, as the majority of the Nova Scotia Court of Appeal holds that changing the Civil Procedure Rules can restrict the inherent jurisdiction of a Court. Although the decision was not made on this basis, this dicta may have radical implications for the inherent jurisdiction of superior courts to deal with their procedural rules.
… Continue Reading
The Supreme Court has granted leave to appeal in a case that may elucidate the scope of discovery under Nova Scotia’s “semblance of relevance” test, in addition to the scope of settlement privilege and the entitlement of non-settling parties to know the settlement amounts under a Pierringer agreement in advance of the trial.
… Continue Reading