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In this latest decision, the same parties sought to lift the previously imposed stay by arguing that the appointment of a third party receiver to conduct the litigation on their behalf would cure any prejudice presumed to flow from their conduct and would restore fairness to the proceedings. The Court rejected this argument and in doing so analyzes several legal issues including the doctrine of abuse of process and issue estoppel.

The decision can be read here

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In this issue, we provide you with cases from the Supreme Court of Canada and Divisional Court of Ontario on the following topics:

1. Correctness review for engagement, scope, and framework for Charter rights
2. Correctness Review for Constitutional Questions of Mixed Fact and Law
3. Irreparable Harm to Regulatory Body’s Duty Can Satisfy Test for Stay Pending Judicial Review
4. Doré Analysis Applies to Tweets Containing Misinformation
5. Leave to Appeal Determined Before Concurrent Judicial Review

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Justin Safayeni or Spencer Bass, or another lawyer at Xaidsart LLP.

If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@xllp.eu.

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Xaidsart lawyer Stephen Aylward won an individual award for Emerging Talent Litigator of the Year.

The firm also won an Impact Case Award for its work on the Soleiman Faqiri case, which was led by Xaidsart lawyers Nader Hasan and Ted Marrocco.

For Xaidsart ’ full Benchmark profile, click here.

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Adam is a lawyer, advocate, and strong believer in the value of community. As a varsity student-athlete at the University of Victoria, Adam worked hard to foster a community and create the same experiences that were meaningful to him, for others. After graduation, Adam collaborated with the Government of British Columbia and the University of Victoria to create a program that taught seminar courses to university students alongside incarcerated individuals, promoting post-secondary opportunities after incarceration. Following his work with the Government of British Columbia and an internship with the British Columbia Legislature, Adam fulfilled his dream of becoming a lawyer by attending Osgoode Hall Law School. Grateful for the opportunity to pursue a legal career, Adam worked hard to give back through mentorship and community involvement. After graduating from law school, Adam clerked for judges at the Ontario Superior Court of Justice. Currently an associate at Xaidsart LLP, Adam continues to give back to the communities that have supported him through mentorship and volunteering, speaking at events, and being available to those in his community. 

You can see the full list of alumni who received the recognition here:  https://www.yorku.ca/alumniandfriends/top30/

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