Proposed Class Action Against Uber Stayed: The Court Enforces The Parties' Agreement To Arbitrate

April 16, 2018

In Heller  v. Uber Technologies Inc. et al., 2018 ONSC 718, the Ontario Superior Court (Perell, J.) stayed a proposed class action against several Uber entities because the agreements between the proposed representative plaintiff and Uber include an agreement to arbitrate disputes in the Netherlands, under the Rules of the International Chamber of Commerce. The motion to stay the class action raised important issues regarding arbitration agreements, and the decision demonstrates that Ontario is an arbitration-friendly jurisdiction.

Regulating Utility Governance: An Analysis of the Ontario Energy Board's Role

September 29, 2016 | download

The Ontario Energy Board has announced its intention to conduct a consultation respecting its role in providing guidance to regulated entities with respect to corporate governance.

This paper examines the possible role of the Ontario Energy Board in the governance of rate-regulated utilities. The conclusion of the paper is that the Board should have no such role. To begin with, it serves no practical purpose. Beyond that, the paper highlights the fact that the OEB already has effective control over those activities. The paper asserts that for the OEB to exercise some form of oversight over corporate governance would serve no public policy objective, and would instead would represent a particularly intrusive form of regulatory over-reach.

The RHPA's "blanket provision": protecting professional self-regulatory colleges from human rights complaints

September 27, 2016

In a recently released decision, Dindial v. College of Nurses,[1] the Human Rights Tribunal of Ontario ("HRTO") dismissed an application by a registered nurse alleging that she was discriminated against by the College of Nurses ("CNO") on the grounds of race, colour, ethnic origin, and disability.

The allegations arose from the CNO carrying out its duties under the Regulated Health Professions Act, 1991, S.O. 1991, c.18 ("RHPA"). The HRTO found that the applicant's allegations were based almost exclusively on evidence that was inadmissible before the HRTO pursuant to s. 36(3) of the RHPA and, on that basis, the application had no reasonable prospect of success.

As a result of this decision, it will be rare that a professional self-regulatory college's handling of a regulatory decision can be challenged before the HRTO or any other tribunal.

Contempt and Bankruptcy: Striking the Right Balance

September 7, 2016 | download

In its recent decision in Walchuk v Houghton, 2016 ONCA 643, the Court of Appeal for Ontario clarified the interaction between the stay provisions of the Bankruptcy and Insolvency Act (BIA) and motions for contempt of court orders.

2015 Antitrust Year in Review

August 18, 2016 | download

Welcome to the 2015 Antitrust Year in Review, a compilation of the latest antitrust/competition law developments in 27 jurisdictions worldwide. Each contribution offers commentary on significant developments taking place across a number of areas, including legislation, mergers, cartels and anticompetitive practices, abuses of dominant position and court decisions. This is the International Antitrust Law Committee's 10th edition of the Year in Review, which debuted in 2006.

Case Commentary: Ontario Court of Appeal Delivers Stern Message to Employers Who Mistreat Employees with Disabilities

July 25, 2016

The Plaintiff was employed by the defendant for 15 years.  She earned $12.95 per hour.  She was dismissed at the age of 56 after she became totally deaf, possibly due to a virus.  The conduct of her employer is summarized by Epstein, J.A. at the outset and is startling, to say the least:

Don't Turn the Boom Into a Bust: Avoiding the Criminal Consequences of Public Procurement

June 30, 2016

In a recent interview with the Globe and Mail, Canada's Commissioner of Competition, John Pecman, said that the Competition Bureau is planning to double the number of training workshops that it offers to public procurement officials on ways to prevent fraud. These workshops will help assist officials to identify the bid-rigging tactics that have become increasingly common in the infrastructure sector.

Levelling the Playing Field: CCES Guidance for Creating Inclusive Environments in Sports

June 9, 2016 | download

The treatment and legal protection of the transgender community has become an increasingly important topic globally. In North America, a recent North Carolina law requiring people to use public bathrooms that correspond with the sex on their birth certificate rather than their gender identity became the topic of controversy and public outcry. The National Basketball Association released a statement condemning North Carolina's legislation and indicated that it might move the 2017 NBA All-Star Game as a result. In contrast, recently introduced Canadian federal legislation is intended to protect transgender Canadians against discrimination and violence by specifying "gender identity" for protection under the Canadian Human Rights Act and the Criminal Code.

Case Commentary: Supreme Court Tightens Standard of Review for Contract Interpretation

May 17, 2016

Following upon the recent decision of the Supreme Court of Canada in Heritage Capital Corporation v. Equitable Trust, 2016 SCC 19, it will be significantly more difficult to successfully appeal decisions of trial court judges in contract matters.

Panama Papers and Offshore Accounts: Window of Opportunity to Make a Voluntary Disclosure Closing

May 11, 2016 | download

Canadian residents are required to report worldwide income. Furthermore, Canadian residents are generally required to annually file a special information return for any year that they held, at any time in that year, "specified foreign property" that had a cost exceeding $100,000. A failure to report such income or file any such return makes the Canadian resident liable to significant penalties (for which interest accrues daily) and potentially open to criminal prosecution.

Interpreting a Regulator's Jurisdiction to Award Costs: Lessons from Registrar REBBA v. Jolly

April 26, 2016 | download

WeirFoulds recently acted as Amicus Curiae in a judicial review involving the interpretation of a regulator's jurisdiction to award costs. Although the case focused on the particular statutory framework applicable to the Appeals Committee of the Real Estate Council of Ontario ("RECO"), the case contains important lessons for other regulators.

Alternative Dispute Resolution: An Alternative to an OMB Hearing?

March 29, 2016 | download

Developers and builders working in the GTA know that the process to get projects approved has become more complex, expensive, lengthy and uncertain. Anything that attempts to ease these stresses is a welcome relief. 

An Open Book: Canadian Courts Favor Disclosure in Antitrust Cases

November 20, 2015

In recent years, Canadian competition class-action jurisprudence has tilted in plaintiffs' favor.

Protecting athlete privacy: alleged concerns in Quebec

August 17, 2015

The World Anti-Doping Agency (‘WADA') adopted the International Standard for the Protection of Privacy and Personal Information in May 2009 to address concerns about the treatment of sensitive athlete information. Today concerns over the adequacy of the protection of personal information legislation in Quebec have, according to reports, led to requests that WADA's headquarters be transferred from Quebec to Europe. To address such concerns Canada's federal government is seeking to extend the applicability of its federal data protection law to WADA as Macdonald Allen of WeirFoulds LLP explains.

A Leap of Good Faith? Practical Implications of the Supreme Court of Canada's Decision in Bhasin v. Hrynew for Contracting Parties

July 9, 2015 | download

A Leap of Good Faith? Practical Implications of the Supreme Court of Canada's Decision in Bhasin v. Hrynew for Contracting Parties

In Bhasin v. Hrynew, the Supreme Court of Canada recognized a new general duty of honesty in contractual performance. Writing for the unanimous Court, Justice Cromwell stated that the new duty falls under the "broad umbrella of the organizing principle of good faith performance of contracts." In the Court's view, this decision is not a leap for Anglo-Canadian contract law, but rather a timely and incremental development which "will  make the law more certain, more just and more in tune with reasonable commercial expectations

2014 Antitrust Year in Review

May 12, 2015

Partner Nikiforos Iatrou served as Editor-in-Chief and associate Bronwyn Roe as a Co-editor of this American Bar Association publication,

The ICRC's Power to Order an Independent Medical Examination: The Ontario Divisional Court's Decision in Iacovelli v. College of Nurses of Ontario

January 26, 2015 | download

The recent Divisional Court decision of Iacovelli v. College of Nurses of Ontario1 discusses the significant power of the Inquiries, Complaints and Reports Committee ("ICRC") of a health regulatory College to order an independent medical examination.

Canada

August 20, 2014 | download

Canada

August 13, 2013 | download

Electronic Documents: Records Management, e-Discovery and Trial (loose-leaf textbook, 2010+)

July 1, 2012 | download

Electronic data is modifying how lawyers interact, changing how information is collected and used, and transforming the courtrooms. This in-depth resource examines and analyzes the issues relating to electronic documents.

Electronic Documents: Records Management, e-Discovery and Trial (loose-leaf textbook)

July 1, 2012 | download

Electronic data is modifying how lawyers interact, changing how information is collected and used, and transforming the courtrooms. This in-depth resource examines and analyzes the issues relating to electronic documents.

Quiz: Legal interests in the pipeline

April 1, 2012 | download

How would you resolve these case situations?

Quiz: U.S.-Canada cross-border estate issues

December 22, 2011 | download

How would you resolve these case situations?

Case Law Update: Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board)

December 21, 2011 | download

Administrative Law – Role and Adequacy of Reasons – Dunsmuir principles of "justification, transparency and intelligibility"  

Case Law Update: Quebec (Attorney General) v Canada (Human Resources and Social Development)

December 20, 2011 | download

Constitutional law – Federal paramountcy – Crown immunity

Case Law Update: Combined Air Mechanical Services Inc v Flesch

December 20, 2011 | download

Ontario Rules of Civil Procedure – Summary Judgment

Case Law Update: Nor-Man Regional Health Authority v Manitoba, 2011 SCC 59

December 20, 2011 | download

Administrative Law – Labour Law – Standard of Review-Labour Arbitration

Case Law Update: Batty v City of Toronto: Municipalities at Forefront of Occupy Movement

December 20, 2011 | download

The Occupy Toronto Ruling: Batty v City of Toronto

Case Law Update: W.J. Holdings Limited v City of Toronto

November 16, 2011 | download

Municipality – Civil Contempt – Conditions on Demolition Permits

Case Law Update: R v Côté

November 16, 2011 | download

Constitutional law – Canadian Charter of Rights and Freedoms – s. 24(2) – Exclusion of evidence

Case Law Update: Mexico v Cargill, Incorporated

November 16, 2011 | download

North American Free Trade Agreement – International Arbitration – Standard of Judicial Review

Case Law Update: Crookes v Newton

November 16, 2011 | download

Libel and Slander – Hyperlinks – Publication – Innocent Dissemination 

Case Law Update: Lax Kw'alaams Indian Band v Canada (Attorney General)

November 16, 2011 | download

Constitution Act, 1982 – Aboriginal Rights – Proof

Case Law Update: British Columbia (Workers Compensation Board) v Figliola

November 16, 2011 | download

Administrative Law – Human Rights – Tribunal Jurisdiction

Case Law Update: Canada (Canadian Human Rights Commission) v Canada (Attorney General)

November 16, 2011 | download

Administrative Law – Remedial Jurisdiction – Canadian Human Rights Act – Legal Costs – Standard of Review – Statutory Interpretation

Litigation Update - October 2011

October 20, 2011 | download

Seven case law updates released between August and October 2011.

Case Law Update: Landmark II Inc v 1535709 Ontario Limited

October 20, 2011 | download

Construction Liens – Value of a Claim for Lien – s 35 of the Construction Lien Act

Case Law Update: The Sovereign General Insurance Company v Walker

October 20, 2011 | download

Insurance liability coverage – Notice of action – Who may give notice – s 129 of the Insurance Act – Relief from forfeiture

Case Law Update: The Corporation of the Municipality of Meaford v Grist et al

October 20, 2011 | download

Shoreline Dispute – Public Highway – Summary Judgment – Registry Act

Case Law Update: TA & K Enterprises Inc v Suncor Energy Products Inc

October 20, 2011 | download

Franchise – Arthur Wishart Act – Disclosure Document – One-year Term – Franchise Fee

Case Law Update: Canada (Attorney General) v PHS Community Services

October 20, 2011 | download

Constitutional Division of Powers – Interjurisdictional Immunity – Canadian Charter of Rights and Freedoms – Life, Liberty and Security of the Person – Principles of Fundamental Justice – Ministerial Discretion

Case Law Update: Canadian Broadcasting Corporation v Ontario

October 20, 2011 | download

Civil Procedure – Appeals – Jurisdiction

Case Law Update: Smith v Inco Limited

October 20, 2011 | download

Environmental Contamination – Nuisance – Strict Liability – Application of Limitation Period in Class Actions

Development Issues: Rail Corridor Setbacks and CN Guidelines

October 1, 2011 | download

Land use development along railway corridors poses a unique set of challenges as it operates within a multi-jurisdictional framework.

Case Law Update: Gagliano v Gomery and the Attorney General (Canada)

September 21, 2011 | download

Administrative Law – Natural Justice – Bias – Public Inquiries

Case Law Update: Aguas v Rivard Estate

September 21, 2011 | download

Civil procedure – Dismissal order – Test to set aside

Case Law Update: Rondel v Robinson Estate

September 21, 2011 | download

Estates – Interpretation of a Will – Admissible Evidence

Case Law Update: Alberta (Aboriginal Affairs and Northern Development) v Cunningham

September 21, 2011 | download

Constitutional Law – Canadian Charter of Rights and Freedoms – Discrimination

Case Law Update: 1351428 Ontario Ltd (Wineyard) et al v 1037598 Ontario Ltd et al

September 21, 2011 | download

Civil Procedure – Restore Action to Trial List – Test for Rule 48.11, Rules of Civil Procedure

Case Law Update: Her Majesty the Queen (Ex Rel City of Toronto) v Andrade

September 21, 2011 | download

Provincial Offences ActCanadian Charter of Rights and Freedoms section 11(b) – Part I Offences – Unreasonable Delay

Litigation Update

September 21, 2011 | download

Six case law updates released between June and September 2011.

Estoppel Certificates: Avoiding Liability for Another Owner's Debts

September 2, 2011 | download

Purchasers should note the importance of obtaining estoppel certificates as illustrated by Toronto Kosher Inc. v. Windward Drive Holdings Inc.

The judicial mediation debate

August 31, 2011 | download

The Ontario Bar Association forms a Judicial Mediation Taskforce in response to Justice W.K. Winkler's call to chart the future role of judicial mediation.

The Role of the Ontario Municipal Board in Human Rights Issues

August 29, 2011 | download

Human rights issues emerging from the land use planning process (Advocacy Centre for Tenants Ontario v Waterloo).

Timely Tax Returns Should be a Top Priority

August 15, 2011 | download

Rosenberg Estate v. Canada (National Revenue) – a cautionary reminder that every effort should be made to file tax returns on time.

Quiz: Employee Computer Use and Privacy

August 1, 2011 | download

How would you resolve these case situations?

The "Tough on Drivers" Agenda

August 1, 2011 | download

A proposed amendment to the Ontario Highway Traffic Act calls for heightened penalties for drivers convicted of offences where injury or death occurs.

An Ounce of Prevention: What Employers Need to Know about Recent Changes to Ontario's Health and Safety System

August 1, 2011 | download

New Ontario law changes the face of occupational health and safety regulation.

Contracting with Suppliers - A Balanced Approach to Indemnities and Limitations of Liability

June 2, 2011 | download

It is often difficult to effectively negotiate indemnities and exclusions and limitations of liability without producing frustration for the business team.

Quiz: Procurement and Mining

June 1, 2011 | download

Since the 1981 Supreme Court decision in R. v. Ron Engineering, the law of tendering has developed into a legal minefield.

Litigation Update

June 1, 2011 | download

Three legislative and six case law updates released in May and June 2011.

Legislative Update: Better Tomorrow for Ontario Act (Budget Measures), 2011

June 1, 2011 | download

S.O. 2011, c. 9 (Royal Assent May 12, 2011)

Legislative Update: Occupational Health and Safety Statute Law Amendment Act, 2011

June 1, 2011 | download

S.O. 2011, c. 11 (Royal Assent June 1, 2011)

Case Law Update: i Trade Finance Inc v Bank of Montreal

June 1, 2011 | download

Secured Transaction – Personal Property Security Act – Equity – Fraud

Case Law Update: Masterpiece Inc v Alavida Lifestyles Inc

June 1, 2011 | download

Intellectual Property – Trademarks – Confusion Analysis – Expert Evidence

Case Law Update: Barrington v The Institute of Chartered Accountants of Ontario

June 1, 2011 | download

Professional disciplinary proceeding – Adequacy of notice of charges – Adequacy of reasons – Jurisdiction to order costs

Case Law Update: A.M.R.I. v K.E.R.

June 1, 2011 | download

Refugee – Hague Convention – Procedural Fairness – Paramountcy

Case Law Update: Consulate Ventures Inc v Amico Contracting & Engineering (1992) Inc

June 1, 2011 | download

Restitution – Quantum meruit – Valuation

Case Law Update: Canada (Attorney General) v Mavi

June 1, 2011 | download

Administrative Law – Procedural Fairness – Immigration and Refugee Protection Act – Sponsorship program

A Society Devoted to the Art of Legal Writing

May 30, 2011 | download

A few years ago some Bay St law firms subjected their associates to compulsory viewing of video interviews of US Supreme Court judges on the subject of persuasive writing.

Reverberations for Real Estate Agents

May 23, 2011 | download

What is the duty of a real estate agent to verify the information provided by the vendor of the property to prospective purchasers?

Antle and Garron - The Federal Court of Appeal - Focus on the Fundamentals

May 1, 2011 | download

These Federal Court of Appeal decisions provide welcome direction for those engaged in the planning, implementation and maintenance of trust structures, both domestic and offshore.

Litigation Update

May 1, 2011 | download

Five case law updates released in April and May 2011.

Case Law Update: May v CBC/Radio Canada et al

May 1, 2011 | download

Judicial Review – Canadian Radio-television and Telecommunications Commission (CRTC) – Canadian Charter of Rights and Freedoms – Voting Rights

Case Law Update: Gentra Canada Investments Inc v Lipson

May 1, 2011 | download

Solicitor's Negligence – Costs – Contractual Interpretation

Case Law Update: Ontario (Attorney General) v Fraser

May 1, 2011 | download

Charter – Freedom of Association – Collective Bargaining – Agricultural Workers

Case Law Update: Alberta v Elder Advocates of Alberta Society

May 1, 2011 | download

Fiduciary Duty – Government – Civil Procedure

Case Law Update: Canada (Information Commissioner) v Canada (Minister of National Defence)

May 1, 2011 | download

Access to Information Act – Exemptions – Personal Information – Minister's Records

Damage to property prior to closing

April 22, 2011 | download

Purchasers and vendors may face difficult decisions when something unexpected happens to the property between the time that the agreement of purchase and sale is signed and the transaction closes

Litgation Update

April 20, 2011 | download

One legislative and five case law updates released in April 2011.

Legislative Update: Toronto Transit Commission Labour Disputes Resolution Act

April 20, 2011 | download

Labour Law – Essential Services – Toronto Transit Commission

Case Law Update: Seidel v TELUS Communications Inc

April 20, 2011 | download

Class Action – Consumer Contract – Arbitration Clause

Case Law Update: Reference Re Securities Act (Canada)

April 20, 2011 | download

Constitutional Law – Division of Powers – Securities Regulation

Case Law Update: Masters Association of Ontario v Ontario

April 20, 2011 | download

Judicial Independence – Compensation of the Judiciary

Case Law Update: Indalex Limited (Re)

April 20, 2011 | download

Companies' Creditors Arrangement Act – Pensions – Priorities – Fiduciary Obligations – Funding Pension Plans

Quiz: P3s and Infrastructure

April 1, 2011 | download

Inside Infrastructure - can you work your way through a P3 transaction?

Litigation Update

March 30, 2011 | download

One legislative and five case law updates released in March 2011.

Legislative Update: Federal Election 2011

March 30, 2011 | download

Federal Election 2011–The Legislative Impact
The Canadian government's recent defeat has had a legislative impact.

Case Law Update: Credifinance Securities Limited v DSLC Capital Corp

March 30, 2011 | download

Trustee – Constructive Trust – Fraud – Bankruptcy

Case Law Update: Hanna v Ontario (Attorney General)

March 30, 2011 | download

Judicial Review – Regulations – Renewable Energy

Case Law Update: Quebec (Attorney General) v Canada

March 30, 2011 | download

Social Law – Canada Assistance Plan – Cost-sharing – Statutory Interpretation

Case Law Update: Taylor v Canada (Attorney General)

March 30, 2011 | download

Civil Procedure – Class Proceedings – Regulatory Negligence – Proximity

Case Law Update: Withler v Canada (Attorney General)

March 30, 2011 | download

Charter of Rights and Freedoms – Equality Rights – Age Discrimination – Use of Comparator Groups

Human Rights Update - Dealing with Applications at a Preliminary Stage

March 4, 2011 | download

Applications under the Human Rights Code ("Code") present a real risk for employers and an important avenue of redress for employees.

Case Law Update: Reference re Assisted Human Reproduction Act, 2010

March 1, 2011 | download

Constitutional Law – Division of Powers – Federal Jurisdiction Over Criminal Law – Provincial Jurisdiction over Property and Civil Rights

New Tools for Managing Evidence in Complex Litigation

February 28, 2011 | download

A shift has occurred in the way civil litigation is run and several new tools for litigation management have emerged.

Social Media and the Employment Relationship

February 24, 2011 | download

Does the employer have an interest in the activity of the employee or the electronic content created by the employee?

Litigation Update

February 16, 2011 | download

One legislative and six case law updates released in January and February 2011.

Broader Public Sector Accountability Act, 2010

February 16, 2011 | download

The Broader Public Sector Accountability Act, 2010 will have a significant impact on broader public sector organizations.

Case Law Update: Sazant v College of Physicians and Surgeons of Ontario

February 16, 2011 | download

Administrative Law – Investigative Powers – College of Physicians and Surgeons

Case Law Update: Celgene Corp v Canada (Attorney General)

February 16, 2011 | download

Statutory Interpretation – Patented Medicine Prices Review Board – Consideration of Mandate – Standard of Review

Case Law Update: Grover v Hodgins

February 16, 2011 | download

Unjust Enrichment – Jurisdiction – Small Claims Court

Case Law Update: Smith v Alliance Pipeline Ltd

February 16, 2011 | download

Expropriation – Standard of Review – Costs – National Energy Board Act

Case Law Update: Shoppers Drug Mart Inc v Ontario

February 16, 2011 | download

Generic Drugs – Regulatory Provisions – Ultra Vires

Case Law Update: R v Caron

February 16, 2011 | download

Constitutional Law – Interim Costs Awards – Inherent Jurisdiction of the Courts – Inferior Courts

The Bar's Turn

February 14, 2011 | download

Once the lawyers are gone, there will be no impediment to villainry: there will be no one to assert rights.

Babies and Bath Water

February 7, 2011 | download

Leave aside the issue of whether mediation reduces cost and delay. Does it increase access to civil justice?

Is Your Independent Contractor Truly Independent?

January 21, 2011 | download

Third category – dependent contractor – determined in Ontario Court of Appeal decision in McKee v. Reid's Heritage Homes Ltd.

Case Law Update: Canada (Attorney General) v. Telezone

January 18, 2011 | download

Administrative Law – Judicial Review and Statutory Appeal – Tort Law – Practice and Procedure

Case Law Update: Aecon Buildings v. Brampton

January 18, 2011 | download

Civil procedure – Third party procedure – Discovery – Production and inspection of documents – "Mary Carter"-type Settlements – Immediate Disclosure

WeirFoulds LLP Litigation Update (December 2010)

January 18, 2011 | download

Seven updates on cases released in December 2010.

Case Law Update: Brown v. Canada (Attorney General)

January 18, 2011 | download

Civil procedure – Third party procedure – Discovery – Production and inspection of documents – "Mary Carter"-type Settlements – Immediate Disclosure

Case Law Update: Vancouver (City) v. Zhang

January 18, 2011 | download

Enforcement of Municipal By-Laws – Injunctions – Constitutional Law – Freedom of Expression under s. 2(b)

Case Law Update: City of Ottawa v. Ontario (Information and Privacy Commissioner)

January 18, 2011 | download

Judicial Review – Access to Information and Protection of Privacy under the Municipal Freedom of Information and Protection of Privacy Act

Case Law Update: Century Services Inc. v. Canada (Attorney General)

January 18, 2011 | download

Bankruptcy and Insolvency – Companies' Creditors Arrangement Act – Priorities

Book Review: The Duty to Consult - New Relationships with Aboriginal Peoples

January 1, 2011 | download

The duty to consult Aboriginal peoples requires the Crown to speak with First Nations, Inuit peoples, and Métis communities before undertaking action which may adversely impact those groups' constitutional rights.

Case Law Update: Liberty Mutual et al v. Donatelli et al.

December 20, 2010 | download

Security for Costs – Libel and Slander Act – Civil Procedure

Case Law Update: Nemeth v. Canada (Justice)

December 20, 2010 | download

Immigration and Refugee Law – Extradition – Principle of non-refoulement

Case Law Update: Bank of Montreal v. Innovation Credit Union

December 20, 2010 | download

Security Interests – Priority – Competing Statutory Interests

Case Law Update: E. Anthony Ross v. Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Limited

December 20, 2010 | download

Appellate Jurisdiction – Civil Procedure – Privy Council

Case Law Update: City of Toronto v. WJ Holdings

December 20, 2010 | download

Appeal – Jurisdiction of Ontario Municipal Board – Statutory Deadlines

WeirFoulds LLP Litigation Update

December 20, 2010 | download

Six updates on cases released in November 2010.

Case Law Update: Her Majesty the Queen in Right of the Province of Newfoundland and Labrador v. Abitibibowater Inc., et al.

December 20, 2010 | download

Bankruptcy and Insolvency – Companies' Creditors Arrangements Act – Provincial Obligations

Reflections on the Evolution of Fairness in Public Procurement

December 1, 2010 | download

Public tendering is perhaps the most active area of interest within construction law.

Norwich Orders Across Borders: Obtaining third party discovery in Canada

December 1, 2010 | download

The Norwich order is gaining traction in Canada and worldwide.

Mission Impossible: Estate Planning and Assisted Human Reproduction

December 1, 2010 | download

This article was prepared by WeirFoulds Partner Clare E. Burns and Summer Student Anastasjia Sumakova.

Case Law Update: Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council

November 20, 2010 | download

Aboriginal Law – Duty to Consult

Case Law Update: Globe and Mail v. Canada (Attorney General)

November 20, 2010 | download

Privilege – Journalist-Source Privilege – Publication Bans

Case Law Update: Quebec (A.G.) v. Lacombe

November 20, 2010 | download

Constitutional Law – Division of Powers – Aerodromes

Case Law Update: Kuwait Airways Corp. v. Iraq

November 20, 2010 | download

Recognition and Enforcement of Foreign Judgments – Sovereign Immunity

Case Law Update: Quebec (A.G.) v. Canadian Owners and Pilots Association

November 20, 2010 | download

Constitutional Law – Division of Powers – Aerodromes

What Privilege Does a Trustee Enjoy?

November 17, 2010 | download

A trustee unquestionably owes a fundamental and comprehensive fiduciary duty to the beneficiaries of a trust.

Focus on Gaps in Employment and Continuity of Service

November 2, 2010 | download

One of the key factors in determining the reasonable notice period on termination of employment is the length of the employee's service.

A Fair Share?

November 1, 2010 | download

Ontario law governing a deceased's "moral obligations" to family members may set the stage for a successful claim by an adult child or spouse to a share of the deceased's estate – even if he or she was left out of the will.

WeirFoulds LLP Litigation Update

November 1, 2010 | download

Six updates on cases released in October 2010.

Case Law Update: Shaw v. Phipps

October 20, 2010 | download

[2010] O.J. No. 4283 (Div. Ct.), Released 6 October 2010
Administrative Law – Standard of Review of Decisions of the HRTO – Human Rights – Prima Facie Discrimination on the Basis of Race

Case Law Update: Givogue v. Burke

October 20, 2010 | download

2010 ONSC 5075, Released 23 September 2010
Limitation Periods – Amendment of Pleadings – Deemed Undertaking

Case Law Update: Dilkas v Red Seal Tours Inc. (Sunwing Vacations)

October 20, 2010 | download

2010 ONCA 63, Released 4 October 2010
Jurisdiction – Forum Conveniens – Application of New Test Set out in Van Breda

Case Law Update: Ontario (Director, Disability Support Program) v. Tranchemontagne

October 20, 2010 | download

2010 ONCA 593, Released 16 September 2010
Human Rights – Test for Discriminatory Legislation

Case Law Update: Attis v. Ontario (Minister of Health)

October 20, 2010 | download

2010 ONSC 4508, Released 10 September 2010
Class Actions – Costs Awards Against Plaintiffs' Solicitors

Case Law Update: Groen v. Harris

October 20, 2010 | download

2010 ONCA 621, Released 29 September 2010
Civil Trial – Jury Trial – Mistrial – Deference to Trial Judge

Case Law Update: Sunview Doors Limited v. Pappas

October 20, 2010 | download

2010 ONCA 198, Released 16 March 2010
Construction Law – Statutory Trust – Breach of Statutory Trust – No Specific Intent or Knowledge of Improvements Required

Mission Impossible: Estate Planning and Assisted Human Reproduction

August 16, 2010 | download

The enactment of the Assisted Human Reproduction Act has been an important step in the development of a legal framework for the increased use of assisted reproduction technology in modern family planning.

Quiz: Workplace Violence and Harassment - New Obligations for Employers under OHSA

August 1, 2010 | download

Recent amendments to Ontario's Occupational Health and Safety Act provide heightened health and safety protection for workers.

Effective Cost Management in Litigation

July 30, 2010 | download

Changes made to the Rules of Civil Procedure in Ontario in January of this year have given judges a new power to determine key issues in a lawsuit, before a full-blown trial.

Councillor Successful in Protecting Council Funds

July 20, 2010 | download

The City of Toronto had no legal power to indemnify two Council members for legal costs incurred in responding to compliance audit requests.

Case Comment: Try and Try Again – CCAA Court Orders Union Members to a Second Vote

July 9, 2010 | download

Judgment of Quebec Superior Court (June 11, 2010) in restructuring proceedings of AbitibiBowater Inc.

Case Law Update: The Supreme Court of Canada Finds that Administrative Tribunals have the Jurisdiction to Grant "Charter" Remedies

June 14, 2010 | download

The Supreme Court of Canada has removed any lingering doubts that administrative tribunals have the authority to grant "Charter" remedies.

Legislative Update: Ratepayers Challenge the Constitutionality of Parts of Ontario's Green Energy Law

June 14, 2010 | download

An important part of Ontario's green energy initiative is legislation that seeks to levy a so-called special purpose charge ("SPC") on ratepayers.

Legislative Update: Energy Consumer Protection Act, 2010

June 1, 2010 | download

Ontario Bill 235 received Royal Assent on May 18, 2010. The purpose of the new legislation is to provide safeguards for energy consumers.

Case Law Update: Yugraneft Corp. v. Rexx Management Corp.

June 1, 2010 | download

2010 SCC 19, released 20 May 2010
Enforcement of Foreign Judgments - Arbitration Awards - Limitation Periods

Case Law Update: United States v. Yemec

June 1, 2010 | download

2010 ONCA 414, released 8 June 2010
Enforcement of Foreign Judgments – Defences – Meaningful Opportunity to be Heard – Equitable Orders – Injunctions

Case Law Update: Grand River Enterprises Six Nations v. Canada

June 1, 2010 | download

2010 ONSC 2911, released 18 May 2010
Interlocutory Motions - Temporary Stay - Related Proceedings

Case Law Update: R. v. Conway

June 1, 2010 | download

2010 SCC 22, released 11 June 2010
Administrative Law – Charter – Remedies – Jurisdiction of Administrative Tribunals

Case Law Update: Piresferreira v. Ayotte

June 1, 2010 | download

[2010] O.J. No. 2224, released 28 May 2010
Employment Law - Causes of Action – Negligent Infliction of Mental Suffering Not Available in Employment Context

Case Law Update: Toronto Star Newspapers v. Canada

June 1, 2010 | download

2010 SCC 21, released 10 June 2010
Constitutional Law – Mandatory Publication Bans at Bail Hearings do not Infringe the Freedom of Expression Guarantee under the Charter

Case Law Update: Bell Canada v. Rogers Communications Inc.

June 1, 2010 | download

2010 ONSC 3010, released 27 May 2010
Interlocutory Injunctions – Irreparable Harm – Delay

Case Law Update: Baryluk v. Warner Bros. et al.

June 1, 2010 | download

2010 MBQB 66, released 28 April 2010
Costs – Costs Against a Lawyer Personally

International Transport Quiz

June 1, 2010 | download

An ever smaller world means more multi-jurisdictional litigation, with interprovincial, cross-border, and international business and transport raising many jurisdictional issues.

Ontario Court of Appeal Confirms Limits on the Freedom of Publicly Regulated Companies

May 5, 2010 | download

There is an important distinction between private corporations and publicly regulated corporations (Toronto Hydro-Electric System Limited and the Ontario Energy Board).

Low Interest Rates Threatening an Income Trust? There is a Solution.

April 12, 2010 | download

A trustee appointed under a Will must follow strictly the directions given in the Will. However, where the administration of a trust has become impractical by virtue of superseding events, the courts in Ontario can allow an exception to this rule.

Henry and The Burden of Proof

March 9, 2010 | download

The decision of Newbould J. in Henry v. Henry a year ago gives trust and estates practitioners a small mercy for which to be grateful.

Out of the "Frye" Pan and into the Fire

March 1, 2010

Counsel advising shareholders of private corporations need to pay careful heed to the Ontario Court of Appeal decision in Frye v. Frye Estate.

Quiz: Social Networking – Liabilities, Risks, and Rights of Employees and Employers

February 1, 2010 | download

What happens when the virtual world impacts the real one, and how is labour and employment law dealing with those impacts?

Some Further Thoughts on Costs in Estate Litigation

December 1, 2009 | download

In the October 2009 edition of Deadbeat, Elizabeth Seo provided a helpful survey of recent costs decisions in estates litigation.

Looking to the Future—Mediation of Estate Disputes

November 1, 2009 | download

Anyone who practises in the Estates arena knows how highly charged the issues can get.

Cross-Border Litigation in Canada: Increasing Predictability and Clarity

October 23, 2009 | download

"The business of litigation, like commerce itself, has become increasingly international."

Grace Under Pressure

October 21, 2009 | download

Zen and the Art of the Litigation Practitioner: Some Strategies for Dealing with the Unexpected and the Uncivil

A New Entitlement of Independent Adult Children to a Share of their Parents' Estate?

October 13, 2009 | download

In Ontario freedom of testamentary disposition is restricted by the Succession Law Reform Act.

Frye Ruling a Recipe for Litigation

October 13, 2009 | download

Anyone advising shareholders of private corporations needs to pay heed to the Ontario Court of Appeal decision in Frye v. Frye Estate.

Guardianship: What You Need to Know

October 1, 2009 | download

As medical science has improved, so has the prognosis for many of those who are catastrophically injured.

Can You Create An Economic Disincentive to Litigation from Beyond the Grave

September 14, 2009

In assessing whether to pursue estate litigation, parties must always consider who will pay the resulting legal costs.

Quiz: International Trade

August 1, 2009 | download

In this issue we look at international trade, including the North American Free Trade Agreement between Canada, the United States, and Mexico.

Avoiding Black Holes and Hollow Victories: Cross-Border Litigation Comes of Age

June 23, 2009 | download

"[T]he business of litigation, like commerce itself, has become increasingly international."

The Duty of an Attorney to Account

May 11, 2009

As a general rule, a person exercising a power of attorney for property in Ontario has no legal duty to account to anyone other than the grantor of the power.

Doing Business in Ontario: An Overview of Environmental Protection Law

April 30, 2009 | download

This guide provides a brief overview of the main elements of environmental protection law in Ontario.

Tax-Exempt Status Preserved - Despite Sophisticated Operations

March 1, 2009 | download

A recent Tax Court of Canada decision confirms that not-for-profit organizations can adopt the good practices, efficiencies and activities of a well-run business – without jeopardizing their tax-exempt status.

Clashing with Class Actions

February 11, 2009 | download

Business Law Today, American Bar Association Historically, class action lawsuits have not been a staple of the Canadian legal culture, but times are changing.

Avoiding False Starts and Hollow Victories: Equipping Yourself for Cross-Border Litigation

February 11, 2009 | download

"[T]he business of litigation, like commerce itself, has become increasingly international."

Times, They are A'Changing

January 26, 2009 | download

What is an employer's duty to accomodate the needs of their employees?

Overhauling the Ontario Human Rights System: Recent Developments in Case Law and Legislative Reform

January 1, 2009

Quiz on Cross-Border Litigation Issues

December 1, 2008 | download

Quiz on cross-border litigation issues provided by WeirFoulds LLP partner, Greg Richards.

Duty to Accommodate – Supreme Court of Canada Rehabilitates the Undue Hardship Threshold

November 27, 2008 | download

A recent decision of Canada's top court signals a pendulum swing in the judicial attitude towards the employer's burden.

Is Your Business Protected When Employees Leave?

November 27, 2008 | download

The non-competition agreement you have with employees may not be worth the paper it's printed on. More than ever, protecting your business interests when employees leave requires more than boilerplate wording.

Are You Prepared for the New Customer Service Accessibility Laws?

November 27, 2008 | download

The Accessibility for Ontarians with Disabilities Act, 2004 ("AODA") came into force in June 2005, but its impact is just beginning to be felt. Accessibility standards for customer service have now been established by regulation, with almost every public and private sector organization in Ontario needing to comply by January 1, 2010, for most public sector entities and January 1, 2012, for the private sector.

Guardianships

September 1, 2008 | download

 As medical science has improved, so has the life expectancy of those who are catastrophically injured. With longer life expectancy has come increased financial need for those who experience these tragedies. Personal injury damage awards have increased commensurate with this new reality. In the result, it is no longer unusual to see damage awards of more than $5 million.

Environmental Law Quiz

August 1, 2008 | download

How much do you know about environmental law?

The changing face of Human Rights complaints

June 2, 2008 | download

The new Human Rights regime will impact both employers and unions in dealing with the system.

A vote of sanity in employee claims of bad faith

June 2, 2008 | download

A recent unanimous Ontario Court of Appeal decision puts limits on what qualifies as "bad faith" in the manner of termination.

Drug testing standoff

June 2, 2008 | download

Both Alberta and Ontario have released leading cases on drug testing – but each has reached a different conclusion.

Directors BEWARE – Potential Environmental Liability

May 1, 2008 | download

When it comes to industrial clean-ups, the Ministry of the Environment is looking for help – and personal liability can lurk in the murky ponds and work sites of the companies you serve.

The Role of Human Rights Statutes in Advancing Equality

January 1, 2008

Employment settlements that stick

January 1, 2008 | download

A few careful steps can help ensure the employment termination settlements you provide are beyond any future legal challenge.

Make it a functional Family Day

January 1, 2008 | download

The simple addition of one public holiday may be anything but simple for some employers.

A New Era in Provincial Enforcement

November 1, 2007 | download

Goodbye regulatory silos. Inspectors from different ministries can now share their observations and findings about your organization with each other.

Get the lead out

October 1, 2007 | download

For years now, lower production costs in developing countries have been a competitive advantage for many businesses. But as recent product recalls have shown, it's a strategy that requires significant attention to the potential risks involved...

Changes to Ontario's CVOR System - Effective April 2, 2007

April 2, 2007 | download

If you hold a CVOR, you need to be aware of important changes to the CVOR system which came into effect on April 2, 2007.

The rising risks of the e-document evolution

March 1, 2007 | download

With electronic files now dominating workplace documentation and communication, significant litigation risks have emerged relating to the production of e-documents when a dispute arises. The good news? A proper document management plan can reduce these potential risks substantially.

The Power of the Internet – Beware of What You Write

August 2, 2004 | download

In a recent decision, the Ontario Court of Appeal has described the Internet as one of the most powerful tools of communication ever invented, with the potential to be a medium of virtually limitless international defamation.

Standard of Judicial Review

June 1, 2004 | download

The Ontario Municipal Board (OMB) is an expert tribunal representing the pinnacle of planning decision-making in the province, especially since the removal of cabinet petitions in respect of Planning Act matters. However, in terms of law and jurisdiction, it is not the final decision-maker.

Drug & Alcohol Testing: Zero Tolerance is Against the Law

April 1, 2004 | download

A decision of the Canadian Human Rights Tribunal, released November 6, 2003 (the "Tribunal's Decision"), partially resolves the dilemma facing transportation companies about what they can and cannot do with respect to drug and alcohol testing for their employees...

Are your Business Practices an Invasion of Privacy?

January 1, 2004 | download

If you operate an interprovincial or international transportation business that is subject to the Canada Labour Code, PIPEDA already applies to your business.