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News » Legal

Wet’suwet’en Hereditary Chiefs Launch Court Challenge to Coastal GasLink Pipeline’s Environmental Approval

Wet’suwet’en Hereditary Chiefs have filed an application for a Judicial Review of the BC Environmental Assessment Office (EAO) decision to extend the environmental certificate for Coastal GasLink’s proposed fracked gas pipeline in Northwest BC for another five years.


Class action on behalf of sexual abuse victims at Collège Servite in Ayer’s Cliff

Kugler Kandestin is pleased to announce significant developments in the class action filed on behalf of sexual abuse victims by religious members of the Servites de Marie at Collège Servite.


First Nation Wins Advance Costs in Treaty Infringement Trial

TODAY the Alberta Court of Queen’s Bench granted advanced costs to Beaver Lake Cree Nation to allow it to proceed with its Treaty 6 infringement litigation against Canada and Alberta.


Former Student Launches $1 Million Dollar Court Action Against Carleton University

The court action refers to injuries Ahmadzai sustained to his left eye while studying at Carleton University in the year 2015. The attacks happened three times in the class which left Ahmadzai in fear and making him to drop out from school.


Kugler Kandestin, in collaboration with LPC Avocats Inc., files class action against the Desjardins Group in connection with massive data breach of close to 3 million members

The application for authorization to institute a class action alleges that the defendants failed to adequately protect class members’ personal data and seeks payment of substantial compensatory and punitive damages.


BC’s highest court affirms that Canada’s solitary confinement laws violate rights

Today, the BC Court of Appeal released its judgment in the challenge to Canada’s solitary confinement laws brought by the BC Civil Liberties Association and the John Howard Society of Canada.


Kugler Kandestin obtains a major victory at the Supreme Court of Canada in favour of victims of sexual abuse in Quebec

We are extremely pleased to report that the Supreme Court of Canada has rendered a landmark decision in favour of victims of sexual abuse.


CCF granted intervener status to defend Saskatchewan nurse’s free speech

The CCF was granted intervener status by the Saskatchewan Court of Appeal on June 4, 2019 to intervene in an important freedom of speech case.


Civil liberties watchdog to argue for greater access to the courts for vulnerable groups

On Friday, May 31, 2019, the BC Civil Liberties Association (BCCLA) will appear as an intervener at the BC Court of Appeal. The court will hear arguments in Canadian Council for Disabilities v. Attorney General of British Columbia regarding whether the Canadian Council for Disabilities should have access to the courts to bring their constitutional challenge to a BC law that permits physicians to force psychiatric treatment on people without their consent.


2019 Canadian Lexpert Directory Recognizes Kugler Kandestin Lawyers

Kugler Kandestin is proud to announce the recognition of its lawyers as leading practitioners.


Canadian Constitution Foundation intervening in Toronto municipal election case

Ontario’s top court will soon decide whether the Charter protects municipal elections. The Canadian Constitution Foundation is pleased to announce that it will take part in the case as an intervener.


STRIP SEARCHES: SEXUAL ASSAULT BY THE STATE

On May 10th, 2019, Elizabeth Fry Societies and partner organizations across Canada will bring together women with lived experience in a National Day of Action to raise awareness, amplify women’s voices and demand that the government #HearMeToo and #EndStripSearching in women’s prisons. 


Kugler Kandestin named Plaintiff Firm of the Year by Benchmark Canada

The firm is extremely proud of this recognition and that of five of its lawyers as “Litigation Stars”.


Federal Court hearing over injunction against People’s Party of Canada name going ahead

BC businessman aims to take back party name he has been using since 2015.



Court authorizes class action concerning Expedia.ca, Hotels.com and Travelscape.ca websites

We are pleased to report that Justice Chantal Lamarche of the Superior Court of Quebec has granted the Application for authorization to institute a class action that we are advancing on behalf of all Quebec consumers who have made a hotel reservation via one of the Expedia.ca, Hotels.com or Travelscape.ca websites since January 10, 2015 and who have had to pay hotel fees in addition to the total hotel room reservation price.


Hyundai / Kia Canada class action

Merchant Law Group LLP has launched Canada-wide class action litigation before the Canadian Courts regarding various Hyundai / Kia model vehicles manufactured between 2011 to 2016.




NCCM Responds to Supreme Court Dismissal of Webber Academy Case on Religious Accommodation

Decision means complainants must re-litigate reasonable accommodation case 8 years on.



Lawsuit filed against Canadian Anti-Hate Network Chair Bernie Farber and Advisory Board Member Elizabeth Moore

Elisa Hategan files lawsuit against Canadian Anti-Hate Network Chair Bernie Farber and Advisory Board member Elizabeth Moore in Toronto this week.


New Application for Authorization to Institute a Class Action on behalf of individuals who were sexually abused by religious members

Kugler Kandestin files a new Application for Authorization to Institute a Class Action on behalf of individuals who were sexually abused by religious members of the Brothers of the Sacred Heart across Québec.



TydeCoyn.ca Dupes Would-be Investors with Education around Cryptocurrencies and Scams

Some people interested in investing New Brunswick’s coastline received more of an education than they were bargaining for when they clicked on a fake investment scheme that was designed to raise awareness about the risks of cryptocurrencies and frauds. As part of Investor Education Month in October, the Financial and Consumer Services Commission (FCNB) created TydeCoyn.ca, a fake website hyping a too-good-to-be-true investment opportunity. Anyone who clicked on the “invest now” or “get more information” links were led to FCNB’s education and fraud awareness resources.


BCCLA to Intervene at Alberta Court of Appeal to Defend Freedom of Expression on Campus

Today the British Columbia Civil Liberties Association (BCCLA) is intervening at the Alberta Court of Appeal in UAlberta Pro-Life v. Governors of the University of Alberta, a case concerning the University of Alberta’s decision to impose an estimated $17,500 security costs fee on UAlberta Pro-Life, a student group, as a condition on the use of public space for a pro-life event on campus.


Unrelated woman attempts to seize parenting rights of baby from soldier

An Edmonton Family Court has granted generous visitation rights to a former girlfriend-turned-roommate of a biological mother, including overnights two out of every three weekends, and additional weeknights. This has been granted against the wishes of both the 11 month old baby's biological mother and the biological father, a former military officer. This press release contains details about the upcoming court date.


Rights Organizations Fight Against Federal Government Attempt to Overturn Solitary Confinement Victory

Today and tomorrow, the BCCLA will be at the BC Court of Appeal to defend its historic win striking down the cruel federal solitary confinement regime as unconstitutional.


New report details why women often choose not to report sexual assault through the criminal justice system – in their own words

Today, West Coast LEAF released a report about why women often do not report sexual assault through the criminal justice system – in women’s own voices.


WSO Statement on Denial of Leave to Appeal Singh v. A.G. Quebec

The World Sikh Organization of Canada is deeply disappointed by today’s decision of the Supreme Court of Canada to deny leave to appeal in the case Singh, et al. v. Attorney General of Québec.


From Death Row Cell To Recording Studio - Makes History, Innocent Ex-Prisoner Transitions To Music Stardom After 25 Years Under Sentence Of Death

In a history making move, man who spends more than 25 years innocent on death row is released, then records hit song.


Class Action against Sirius XM Canada Inc.

Kugler Kandestin is pleased to announce that the Quebec superior Court (the Honourable Stéphane Sansfaçon, jsc) has authorized the institution of a class action against Sirius XM Canada inc. (“Sirius XM”), on behalf of Quebec consumers of the satellite radio and/or internet service provider.


Huge Victory Against Civil Forfeiture as Ontario Agrees to Compensate Innocent Couple for Seizing their Property

Hailing it as “a huge victory against the abuse of civil forfeiture laws in Canada,” the Canadian Constitution Foundation (CCF) announced today the Ontario government has agreed to drop its attempt to seize rental properties belonging to Maggie and Terry Reilly, individuals who have never been accused of any wrongdoing. Under a court order ending the case against the Reillys, the Ontario government must immediately return the cash from the sale of the properties to the Reillys.



Civil liberties watchdog asks Supreme Court of Canada for speedier trial on assisted dying

Today, Tuesday, August 28, 2018, the BC Civil Liberties Association (BCCLA), announces that it has asked the Supreme Court of Canada to hear its appeal seeking a faster trial on the constitutionality of Canada’s assisted dying legislation.


Supreme Court to hear critical case on rights of people living in poverty, freedom from police intrusion

A coalition of organizations who represent persons living in poverty, urban Indigenous people, persons living with mental illness and persons experiencing homelessness are intervening in the Supreme Court of Canada case R v. Le.


International Class action against WOW Air and Azores Airlines – Compensation for Long Flight Delays

A class action has been filed against WOW Air and Azores Airlines in the Federal Court of Canada seeking to compel these airlines to comply with their obligations to compensate passengers for delayed flights of over three hours to and from Canada.


Gerald F. Kandestin Recognized as best lawyer in the Banking and Finance Law, Insolvency and Financial Restructuring Law by Best Lawyers in Canada 2018

The Canadian and international legal community consistently recognize Gerry as a leading attorney.


Joint-forces police operation brings down major crime groups

Local police agencies have delivered a major blow to Lower Mainland gangsters in one of the most successful gang crime investigations in B.C. history. Task Force Tourniquet has resulted in the seizure of more than 120 firearms, 50 kilograms of drugs, and more than $1.6 million worth of cash and jewelry.


Death of man in CBSA custody after altercation on plane requires independent investigation, rights watchdogs say

The B.C. Civil Liberties Association (BCCLA) and the Canadian Association of Refugee Lawyers (CARL) reacted today to the reported death of a Nigerian man in Canada Border Services Agency (CBSA) custody. While the circumstances of the altercation with CBSA officers that lead to his death remain unclear, reporting by CBC Calgary suggests that the federal government was deporting him after he lost his long legal fight to remain in Canada, and that he strongly feared he would be killed if he were deported to Nigeria.


JOURNÉE DE LA JUSTICE POUR LES PRISONNIERS, LE 10 AOÛT 2018: Combien de femmes vont passer cette journée en isolement?

L'Association canadienne des sociétés Elizabeth Fry publie une déclaration commémorant la journée de la justice des prisonniers du 10 août et ceux qui sont morts en détention.


PRISONERS’ JUSTICE DAY, AUGUST 10TH : How Many Women Will Spend it in Segregation?

The Canadian Association of Elizabeth Fry Societies releases a statement commemorating August 10th Prisoners' Justice Day and those who have died in custody.


dealcloser announces integration with Clio

dealcloser announces integration with Clio, a leader in legal practice management software, providing a legal transaction hub to foster the lawyer-client relationship during transactions.


SONDAGE NATIONAL SUR LA JUSTICE DE 2017: LA POPULATION CANADIENNE PRÉFÈRE LES OPTIONS COMMUNAUTAIRES À LA PRISON

L'Association canadienne des sociétés Elizabeth Fry offre des commentaires au sujet du sondage du ministère de la Justice qui confirme que les Canadiens favorisent les options communautaires plutôt que la prison.


JUSTICE SURVEY 2017: CANADIANS SUPPORT COMMUNITY OPTIONS OVER PRISON

Canadian Association of Elizbeth Fry Societies comments on Justice Department survey which confirms that Canadians favour community-based options over imprisonment for their fellow citizens. 


BCCLA launches electronic devices handbook to protect privacy at the border

Tomorrow, August 1, 2018, the BC Civil Liberties Association (BCCLA) and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC) will release the online guide “Electronic Devices Privacy Handbook – a Guide to your Rights at the Border.”


Kugler Kandestin obtains important judgment in tragic train incident case

Kugler Kandestin has obtained a significant victory in favour of Pritie Patel and her mother, Vanitaben Chhahanbhai Patel. Pritie suffered catastrophic injuries when, after approaching an immobilized train at the Old Port of Montreal and seeking information from a security agent, she tried to cross over the coupling in between two train wagons. Most tragically, as she was crossing, the train suddenly jolted forward, causing her to fall, with the train ultimately severing both of her legs just below the hip.


Richmond RCMP Warning of Bitcoin Ransom

The crypto-currency Bitcoin is highlighted in recent crime. Richmond RCMP is investigating an alleged abduction where a ransom was paid in Bitcoin.


Valsartan Class Action Launched Against Drug Manufacturer

A proposed national class action has been commenced on behalf of all Canadians who purchased and ingested one or more of the generic drug valsartan, which has recently been recalled by Health Canada. For more information, visit www.merchantlaw.com


Benchmark Litigation named David Stolow a “Litigation Star”

The 2018 edition of Benchmark Litigation, a leading guide to Canada’s top litigation firms & attorneys, named David Stolow a “Litigation Star” in the areas of General Commercial Litigation and Arbitration.

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