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Security for Costs Decision Allows Significant Recognition and Enforcement Appeal to Proceed

On October 31, 2017, the Ontario Court of Appeal released the latest decision in a nearly 25-year legal saga being pursued on behalf of approximately 30,000 indigenous Ecuadorian villagers affected by environmental pollution...more

Ontario Court of Appeal Grounds Class Action Jurisdiction Challenges

Companies in Canada or doing business with Canadians beware. The Ontario Court of Appeal has held that Ontario courts can take jurisdiction in class actions over plaintiffs who are not Canadian, do not live or work here, and...more

Ontario Court Refuses to Approve New Litigation Funding Model for Class Actions

The Ontario Superior Court of Justice has added to its growing collection of cases that increase court scrutiny over litigation funding and contingency fee arrangements. In Houle v St Jude Medical Inc, 2017 ONSC 5129 [Houle]...more

Corporate Social Responsibility and the Rana Plaza Class Action

On July 5, 2017, the Ontario Superior Court of Justice released a 129-page decision in the Rana Plaza class action (Das v George Weston Limited, 2017 ONSC 4129), a proposed class action brought in Ontario on behalf of...more

7 Business Cases to Follow in the Supreme Court's Fall Term

The Supreme Court of Canada’s fall term begins on October 2. Scheduled hearings that may interest the business community are described below...more

Corporations are People Too! Ontario Court Confirms that Corporations Have a Right to a Speedy Trial

Corporate defendants have the right to a speedy trial, without requiring them to prove actual prejudice to their fair trial rights. In R v Stephensons Rental Services, a March 2017 decision of the Ontario Court of Justice,...more

What is the Cost of Racial Profiling?

The Ontario Divisional Court says it’s $75,000. In Elmardy v Toronto Police Services Board, a significant decision by the Divisional Court, the three-judge panel awarded a victim of racial profiling damages of $75,000....more

4 Business Cases to Follow in the Supreme Court’s Spring Term

The Supreme Court of Canada’s spring term begins on April 18. This term has a lot of interesting criminal cases, but only a few that may be interesting to the business community...more

The Corporate Veil Matters

In two related decisions, the Ontario Court has said, resoundingly, that it will respect the corporate veil, even for complicated corporate groups with numerous subsidiaries. Both decisions involve the enforcement of foreign...more

A grab bag of fraud, human rights and contract disputes

The Supreme Court of Canada’s Winter Term begins on January 11. The most notable case on the docket is Deloitte & Touche v Livent Inc. In 2014, Ontario trial judge Justice Gans awarded Livent's receiver $118 million in...more

The Supreme Court of Canada’s Fall Term: the Internet Court?

The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more

No More Tears (Enough is Enough)… Ending the Debate About Unlawful Means in Conspiracy Torts

It was 1983. The Police’s Every Breath You Take was top of the charts. Return of the Jedi was tearing up the box office. And the Supreme Court of Canada released that seminal case seared into every competition litigator’s...more

Have a Contract in Canada? Your Class Action Risk is Greater Than You May Think

Non-Canadian companies: welcome to the Canadian class action party. In recent years, Canadians have increasingly begun to recognize and actively manage the major business risk posed by class actions, as more and more...more

Your Right to a Speedy Trial? It May Now Be a Right to a Trial in 18 Months or Less

It’s tough for any of us to think of a high profile criminal or regulatory case that could be described as “speedy”. The whole country followed the murder trial of Mark Smich and Delen Millard, who were recently convicted of...more

Cha-Ching: The High Cost of Failing to Remedy Workplace Discrimination

Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism. Though Ailes denies the allegations, the trial will be closely followed, both because of the...more

How Rude! Incivility and the Groia Appeal

That loud whirring you heard earlier this week? It was the sound of Ontario’s 50,000 (or so) lawyers collectively printing the 169-page, 445-paragraph decision in Groia v The Law Society of Upper Canada. The case has been...more

The State of Umbrella Damages in Canadian Antitrust Litigation

Judges in Ontario and B.C. have reached different decisions on whether cartel members may be liable for umbrella pricing. These two cases of first impression may be headed for the Supreme Court of Canada. ...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

Supreme Court of Canada Clarifies Boundaries Between Provincial and Federal Courts

Robert Strickland and five other applicants sought to challenge the Federal Child Support Guidelines as unlawful. They argue that the Guidelines are not authorized by the Divorce Act. Unfortunately, this important issue,...more

Do Federal Employees Have a ‘Right to a Job’? The Supreme Court to Decide

The Supreme Court of Canada granted leave to appeal in Wilson v Atomic Energy of Canada Ltd. Federally regulated employers hoping that this important decision from the Federal Court of Appeal was the final word on the law of...more

Adverse Costs in Pro Bono Litigation: the SCC Weighs In

Réjean Hinse was wrongfully imprisoned for 15 years for a crime he didn’t commit. Though he was granted parole, he was only acquitted after 30 years and a successful appeal to the Supreme Court of Canada. Hinse sued the...more

Ontario Superior Court Awards Damages for Family Status Discrimination

Justice Healy’s January 2015 decision in Patridge v Botony Dental Corporation is likely to be on many lists of top human rights law decisions already decided this year. Besides awarding damages under the Human Rights Code,...more

Ontario Judges May Sit on National Class Actions Outside Ontario

The Ontario Court of Appeal, in a split decision, has held that a judge of Ontario’s Superior Court of Justice, acting as a supervisory judge under a national class action settlement agreement, can participate in a joint...more

3/24/2015  /  Canada , Class Action , Judges

Supreme Court of Canada Releases Landmark Decision on Assisted Suicide

On Friday, the Supreme Court of Canada released its landmark end-of-life decision in Carter v Canada (Attorney General). The Court unanimously held that the prohibition on aiding or abetting a person to commit suicide in the...more

The Test for Uncivil Conduct in Litigation

The Divisional Court released its reasons respecting the Law Society of Upper Canada’s disciplinary proceeding against Joseph Groia on February 2, 2015. The Divisional Court upheld the Law Society Hearing Panel and Appeal...more

2/10/2015  /  Attorney Misconduct
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