Civil Litigation
-
October 11, 2024
Deciding adjournments: Case highlights how Licence Appeal Tribunal favours expediency over fairness
The Ontario Divisional Court recently released its decision in Fernandez v. Commonwell Mutual Insurance, 2024 ONSC 5180, in which it unanimously decided that the Licence Appeal Tribunal unfairly denied the applicant’s request for an adjournment, which was on consent (with terms).
-
October 11, 2024
What employers need to know about executive employment contracts | Frank Portman
In my last article about executive employment contracts, I wrote about the importance of understanding the issues and interpretation of those contracts from the executive’s viewpoint. Executive employment contracts are equally important for employers, though, of course, employers have opposite priorities.
-
October 10, 2024
Ontario Court of Appeal upholds $547K damages award against insurer for denying stolen jewelry claim
The Ontario Court of Appeal has upheld an award of $547,100, including a $45,000 punitive damages award, against an insurer that denied a claim for stolen jewelry on the basis that the insured had not established that they owned the jewelry.
-
October 10, 2024
Proposed $70M settlement reached in TD mutual funds class action
Class actions specialist Siskinds LLP has announced that a $70.25 million settlement has been reached with TD Asset Management Inc. to resolve claims of investors who held units of a TD mutual fund trust through a discount broker. It is one of seven similar actions that Siskinds has launched challenging these types of payments to brokers.
-
October 10, 2024
New report highlights lack of racialized lawyers at Ontario firms, offers diversity ranking
Blink Equity, an organization founded to combat systemic racism in workplaces, has released what it calls a “landmark report” titled “The Blink Score: A Racial Diversity Audit & Ranking of Ontario Law Firms,” said to indicate a “lack of inclusion” in the profession.
-
October 10, 2024
Ottawa takes step toward removing barriers to Indigenous Peoples’ mobility across Canada-U.S. border
Stating that it “continues to work toward long-term solutions to address Indigenous border mobility challenges” across the Canada-U.S. border, the federal government has announced “temporary measures” to waive certain requirements for eligible American Indigenous people with families in Canada who want to work or study here and to enable eligible Indigenous people from the U.S. who are already in Canada to extend their stay for up to three years.
-
October 10, 2024
Canadian Judicial Council rolls out new advisory guidelines for federal judges on their social media use
“Proceed with caution” might sum up, in a nutshell, the latest official advice for judges on their use of social media.
-
October 10, 2024
Case yet another example of need to change Ontario anti-SLAPP law, legal observer says
Ontario’s top court has overturned a ruling that dismissed a defamation action under the province’s legislation protecting people from strategic lawsuits against public participation (SLAPPs), and a legal observer is saying the decision is yet another example of the need to bring in a new anti-SLAPP law in order to provide more clarity for the courts.
-
October 10, 2024
CIVIL PROCEDURE - Parties - Class or representative actions - Certification
Appeal by Kane from dismissal of her application to have action against FCA Canada Inc. (FCA) certified as class action. FCA manufactured and distributed vehicles in Canada. Over the course of numerous years, FCA issued recall notices covering defects in many different models of vehicles that were sold in Canada. Kane had purchased one of those vehicles, was dissatisfied with the repairs, and claimed to have suffered various losses as a result.
-
October 10, 2024
A reasonable decision is not a binding precedent | Sara Blake
May a tribunal change its mind after a court has found its decision to be reasonable?