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Ontario Court of Appeal Case Upholds Closing Payment Direction Against Lender

Borrowers and lenders negotiating payment directions on the closing of loan transactions should take heed of the recent decision of the Ontario Court of Appeal in Kemeny v. Callidus Capital Corporation, 2023 ONCA 76....more

Age 65 Cut-Off for Long-Term Disability Benefits Coverage Not a Charter Violation

In Rayonier v Unifor, Locals 256 and 89 arbitrator Paula Knopf dismissed a union policy grievance which alleged that an age 65 cut-off for long-term disability (LTD) benefits coverage under the parties' collective bargaining...more

Lessons in Digital Asset Recovery

AA v Persons Unknown - The frequency of ransomware attacks has increased in 2020, including in the wake of the COVID-19 pandemic. Further, ransomware attacks have become more sophisticated as their perpetrators seek to...more

Ontario Court of Appeal Adopts a Broad Definition of What Constitutes a “Security”

In Ontario Securities Commission v. Tiffin, 2020 ONCA 217, the Court of Appeal for Ontario has adopted a broad approach to what constitutes a "security" within the meaning of the Securities Act, R.S.O. 1990 c. S. 5. In...more

The Canada Emergency Response Benefit for Individuals Impacted by COVID-19—New Details Announced

On April 1, 2020, the Canadian government announced further details of the previously announced Canada Emergency Response Benefit (CERB), including updated information about how applicants can apply for benefits. ...more

An Overview of the Canada Emergency Response Benefit in Respect of COVID-19 Employment Disruptions

On March 25, 2020, the Canadian government announced the creation of a temporary program called the Canada Emergency Response Benefit (CERB) to address the overwhelming number of Employment Insurance (EI) applications...more

Employer's Guide to COVID-19—Managing Issues of Pay

The Alberta Government has clarified that employees will be entitled to a 14-day leave that is unpaid if they are quarantined due to COVID-19. This retreats from a prior press release from Premier Jason Kenney on March 13,...more

Court of Appeal Decision Welcome News for Victims of Fraud

The Ontario Court of Appeal’s decision in Wescom Solutions Inc v Minet, 2019 ONCA 251 released on April 1, 2019, provides helpful guidance for victims of fraud seeking to pursue civil recovery against third parties....more

On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability

Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held that a termination...more

Ontario Court Upholds Limitations on Liability for Misrepresentations Contained in Take-Over Bid Circulars

In a decision released on July 30, 2015, the Ontario Superior Court of Justice has clarified that plaintiffs seeking to advance claims under section 131(1) of the Securities Act (Ontario) alleging misrepresentation in a...more

Court of Appeal Denies Certification in Another Misclassification Overtime Class Action

In the latest installment in a series of recent employment class actions, the Court of Appeal for Ontario has dismissed an appeal by class action plaintiffs in Brown v Canadian Imperial Bank of Commerce. The decision...more

The Rise of Employment Class Actions?

As we discussed in an earlier blog post, a class action alleging BMO Nesbitt Burns failed to pay overtime to its current and former investment advisors was certified in August 2013. Rosen is the first certified class action...more

New Mass Termination Claim Certified in Ontario

On January 2, 2014, Justice Perell certified a class action alleging that, among other things, a group of over 500 putative class members had been wrongfully dismissed by their former (now insolvent ) employer. Justice...more

Ontario Court of Appeal Upholds Denial of Certification for Problem Gamblers

In a ruling released on July 31, 2013, problem gamblers in Ontario were denied certification of a $3.5-billion class action law suit commenced against the Ontario Lottery and Gaming Corporation. The Court of Appeal’s decision...more

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